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(영문) 서울서부지방법원 2017.08.17 2017고단1539

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of C New Franchiseing Vehicles in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On April 22, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.167% during blood transfusion around 16:10 on April 2, 2017, and driven the three-lane of the distribution bridge of Seocho-gu Seoul Metropolitan Government along the two-lanes in the direction of the northwest of the distribution bridge.

There are lots of vehicles that had a large number of vehicles, and in such a case, there was a duty of care to prevent accidents in advance by driving safely by safely examining the front side of the vehicle driver.

Nevertheless, the Defendant neglected this and got off the part on the left side of SM3 vehicle driven by SM3 vehicle driven by the victim D, which was driven earlier due to negligence while under the influence of alcohol, and got off the said new vehicle to the front side of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as light salt, which requires approximately three weeks of medical treatment, to the victim.

2. Around April 22, 2017, the Defendant violated the Road Traffic Act (drinking driving) driving a Cnew-low-income vehicle under the influence of alcohol content of about 5.5 km from around 75-lane 6, Yongsan-gu Seoul Special Metropolitan City, to the left-west of the Seocho-gu distribution department of Seocho-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.