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(영문) 서울남부지방법원 2018.11.29 2018고단4873

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 15, 2018, the Defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and received the following parts of the victim E (5 years old) waiting in the atmosphere where the Defendant driven CYF rocketing car with alcohol concentration under the influence of normal driving while under the influence of alcohol concentration during blood, and driving the CYF La car on the front of Gwanak-gu in Seoul Special Metropolitan City along one lane from the scopic shooting distance to the long distance of telephone station.

As a result, the defendant suffered injuries, such as Dam tymposis, which requires treatment for about two weeks, from the victim.

2. Violation of the Traffic Act (Refusal of measurement of drinking), the Defendant, at the time and place specified in paragraph (1), caused a scambling accident while driving in a drunken state, scambling a large amount of drinking, scambling a red light on the face, and driven under the influence of alcohol, such as unscambling the body.

On July 15, 2018, at around 02:10 on July 15, 2018, a police officer was requested to comply with the drinking measurement by inserting approximately 30 minutes a total of 30 minutes from the slope G belonging to the Geumcheon Police Station in the above accident site on about 02:10, and the police officer did not comply with a police officer's request for drinking testing without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 of the Criminal Act: