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(영문) 서울중앙지방법원 2019.03.29 2018고단6943

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 30, 2018, the Defendant was driving a DNA car under the influence of alcohol with a blood alcohol concentration of 0.195% at the section of approximately 2.3km from around July 13:32, 2018 to the roads near the Gangnam-gu Seoul Metropolitan Government roads.

2. According to the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant was negligent in driving a vehicle under the preceding paragraph while under the influence of alcohol by 0.195% at the same time and driving the vehicle under the preceding paragraph with a three-lane road near Gangnam-gu Seoul Metropolitan Government, and driving the steering direction and brake system of the drunk vehicle at the distance of school in the vicinity of the Korea Customs Service according to the three-lane road near Gangnam-gu Seoul, and driving the vehicle at the distance of school, while neglecting the duty of front bank and left and left, and driving the vehicle without neglecting the duty of driving on the right and right and right and right and right and right and right and right and right and right, and thereby, by negligence, the victim E (30 years old) driver of the vehicle under the influence of signal at the front direction of the Defendant’s vehicle as the front driver.

The defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered two tropies which require the victim to receive approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. A traffic accident report (1) (2);

1. Notification of records of measurement of drinking alcohol and the result of crackdown on drinking driving;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (each choice of imprisonment with prison labor);

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (no record nor record of the same kind);

1. Order to attend lectures under Article 62-2 of the Criminal Act;