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(영문) 서울남부지방법원 2019.03.26 2019고단177

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2018, around 19:35, the Defendant was driving C Corrodo cargo bomb while under the influence of alcohol level of 0.176% in front of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and was proceeding from the cargo terminal to the view of Yangcheon-gu.

At the time, the Defendant had reached 0.176% of blood alcohol concentration, red, smelling, etc., which was difficult to drive normally due to the influence of drinking, such as drinking.

Nevertheless, the Defendant, at the above date and at the same place, was injured by the victim D (Nam, 33 years old) who driven the said cargo while driving the said cargo at the front of the said cargo vehicle while it is difficult to drive the vehicle normally due to influence of drinking, following the E-S-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report, a fact-finding report, a fact-finding report, a fact-finding report, a fact-finding report, and a fact-finding report (applicable to the Bamark Official Form);

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing criteria of the Sentencing Committee (hereinafter referred to as imprisonment for not more than 8 months) shall be equally considered in light of the contents and result of the accident in the reason of sentencing under Article 62-2 of the Criminal Act, the background of the accident, circumstances after the accident, the degree of the injury (in full charge 0.176%), agreements with the victim, the victim prior to and twice (in full charge 10 years or more), the risk of repeating a crime, the risk of a fine exceeding a fine, and the reflectivity, and other various sentencing conditions stated in the arguments of this case.