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(영문) 서울동부지방법원 2018.10.05 2018고단2436

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 8, 2018, the Defendant was under the influence of alcohol content of 0.212% in blood around July 19, 2018, the Defendant driving a C-learning car within about 1km from the roads adjacent to the Songpa-gu Seoul Songpa-dong to the roads adjacent to the same Gu B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was committed by the Defendant on the part of the victim D(39 years old) who was stopped at the front of the vehicle due to the vehicle’s stop due to the vehicle’s stop while driving the car as set forth in the preceding paragraph in the condition that it is difficult to drive the car normally while under the influence of alcohol content of 0.212% as at the time of the day set forth in the preceding paragraph, while driving the car in front of Songpa-gu Seoul Metropolitan City along one lane in the direction of a locking room in the Olympic direction as at the Olympic direction, while driving the two-lane road in front of Songpa-gu Seoul in the direction of a locking room in the Olympic direction.

As a result, the Defendant suffered injury to the victim D such as salt, tensions, etc. in light of the 2-day medical treatment for the victim D, and injury to the victim F (33 Does) who was on board the victim D driving the vehicle at the victim D, about two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Each investigation report (No. 7,19) ;

1. A traffic accident report, a report on the measurement of drinking alcohol, a report on the detection of a driver of primary driving, and a report on the circumstances of the driver of primary driving;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes to photographs;

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

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).