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(영문) 서울동부지방법원 2017.11.03 2017고단2717
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Defendant

B k9 A person engaged in driving of a taxi vehicle.

On August 6, 2017, the Defendant driven the above taxi under the influence of alcohol level of 0.172% during blood transfusions on August 6, 2017, and changed the lane to the first line while driving the front circular road of Seongdong-gu Seoul along the two-lanes between the two-lanes, along the two-lanes, the two-lanes in front of Seongdong-gu Seoul.

As above, Defendant 1 driven in drinking condition and did not move the vehicle in a stable direction-setting, etc. while driving the vehicle at the first line of the vehicle, and received the part of the part of the Defendant 1, after the right-hand part of the E-Poter freight vehicle from the victim D(49 years old), which was earlier from the first line of the vehicle.

Ultimately, while the Defendant was driving under a difficult condition due to influence of drinking, the Defendant suffered injury by the Defendant, by negligence on the part of the above duty, such as a escape from the center of the five-day left-hand body, which requires approximately five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A paper of measurement of drinking alcohol;

1. An accident vehicle photograph;

1. Investigation report (victim F Statements);

1. Investigation report (the application of the above dmark formula);

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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is based on the fact that a taxi driver drivess while under the influence of alcohol with passengers aboard, has the record of being punished for driving under the influence of alcohol several times, the damaged vehicle has been recovered, the degree of injury of the victim has not been provided, and the victim has not been agreed with, and thus disadvantageous circumstances and confessions are contrary to the law.

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