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(영문) 서울중앙지방법원 2017.01.18 2016고단8829

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

On September 25, 2016, the Defendant driven the said car under the influence of alcohol level of 0.121% while under the influence of alcohol level of around 06:30 on September 25, 2016, and was under the influence of a normal driving, and was under the influence of a vehicle in the front of Dongjak-gu Seoul Metropolitan Government, while driving the vehicle on the right side at the entrance of the front side of the road above the Dongjak-gu Seoul Metropolitan Government, due to negligence of neglecting the duty of the front side of the vehicle under the influence of alcohol and failing to accurately operate the steering direction

D(54) The back portion of the E chartered bus driven by the D(54) conflict with the front portion of the Defendant’s car.

Ultimately, the Defendant suffered, as above, the injury of the victim F (FF) of the bones of timber, tensions, etc. requiring three weeks’ medical treatment from the victim G (V, 63 years old), the injury of the climatic tensions, tensions, etc. requiring two weeks’ medical treatment from the victim H (V, 63 years old), the injury of the victim H (V, 63 years old) of the bones of timber, in need of three weeks’ medical treatment; the injury of the victim I (V, 39 years old) of the climatic tensions, tensions, etc. of the clifs requiring two weeks’ medical treatment; and the injury of the victim I (V, 52 years old) of the clifs that requires two weeks’ medical treatment; and the injury of the clifs and tension to the victim K (V, 54 months old) of the clifs that require two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, J, and K;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Each investigation report (the sequence 34,35,37 of the evidence list);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.