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(영문) 서울중앙지방법원 2018.04.05 2017고단8979

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 who is engaged in driving of B-learning automobiles.

On December 2, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.110% during blood transfusions, while normal driving is difficult, and led to the six-lane road in front of the Seoul Gangnam-gu Seoul Metropolitan Government C Building to proceed with the road of 6-lane Do in front of the Cheongrostrogate.

At the time, the victim D(55) driving ENata-si was waiting in the atmosphere in accordance with the new code, and thus, the defendant engaged in driving of the motor vehicle had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the traffic accident by driving the motor vehicle under a clear mental condition that is not mentioned by the

Nevertheless, the Defendant neglected this and continued to run the above-learning vehicle, thereby receiving the back part of the above taxi as the front part of the above-learning vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt fluor, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of regulating drinking driving;

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

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

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest limit shall apply to the crimes specified for the violation of traffic laws on roads, and the crimes specified for the violation of such laws);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;