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(영문) 서울동부지방법원 2016.10.12 2016고단2575

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in driving a B-to-car.

On July 29, 2016, while under the influence of alcohol 0.205%, the Defendant driven the said car with a alcohol alcohol concentration of 0.20%, and proceeds at a speed of about 20 km at a speed of about 30 km in the front of the Olympic Winter-gu, Songpa-gu, Seoul, along the four-lanes of the five-lane long-distance distance from the Olympic Winter-gu, which is located in front of the Southern Winter-gu, 4-lane in the Olympic Winter-gu, Songpa-gu, Seoul. In such a case, the driver of the vehicle was equipped with a vehicle signal at a speed of about 20 km. In such a case, the driver of the vehicle has a duty of care to prevent the accident, such as reducing the speed and securing the safety distance for the parked vehicle and ensuring the safety distance in accordance with the direction of signal, but has a duty of care to prevent it from being driven properly due to alcohol influence, and instead, the victim and the victim of the vehicle (35 years old and the victim of the vehicle).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. CWritten statement on the occurrence of a traffic accident;

1. Reports on traffic accidents (1) (1) and reports on the occurrence of traffic accidents;

1. Records of measurement of drinking alcohol, reports on the circumstantial statements of drinking drivers, and reports on detection of drinking drivers;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: (1) Article 5-1 (Bodily Injury resulting from Dangerous Driving), (2) Article 148-2 (2) 1 of the Road Traffic Act (Article 148-2 (2) 2 of the Road Traffic Act shall be clearly clerical error) and Article 44 (1)

1. Articles 40 and 50 (1) of the Criminal Act for the Commercial Competition. Article 40 (1)

1. Imprisonment with prison labor for each choice of punishment;