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(영문) 서울서부지방법원 2018.11.01 2018고단2550

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 a K3 car.

On July 5, 2018, the Defendant driven the said car under the influence of alcohol level of 0.116% among blood transfusion around 00:36, and driven the said car at a speed of 149km/h, depending on the two-lanes between the two-lanes of 6-13, Yongsan-gu, Seoul, as a day-to day-day, from the mouth of the mouth north 12-13, as a day-to-day, Yongsan-gu, Seoul.

On the other hand, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol that it is difficult to drive the motor vehicle normally, as well as from the fact that it is regulated at a speed of 80 km/h on the north of the river, and thus, there is a duty of care to prevent the accident in advance by driving the motor vehicle safely at a fixed speed.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive a provision at a rate exceeding 69 km/h, received the back part of the D's D's Habnbn-car which was driven by the Defendant C (46 ).

As a result, the Defendant suffered from the above victim’s upper arms requiring approximately two weeks’ medical treatment due to the above occupational negligence, and was driving under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures: The degree of traffic accident in this case is not somewhat weak, and the defendant has the record of being punished for drinking driving in 2004.

o The favorable circumstances: the victim.