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(영문) 서울북부지방법원 2017.11.23 2017고단4174
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle with Chump.

On June 30, 2017, the Defendant driven the above vehicle around 04:06, and led the front road of Seoul Special Metropolitan City Nowon-gu to the direction of the Army Academy at Army.

At the time, the defendant saw a walk, and the walking condition is under the influence of 0.223% of alcohol during blood, such as a string distance, and the walking condition is under the influence of 0.23% of alcohol during the blood, and the defendant does not properly look at the front side and proceeds from the negligence that the defendant is running in the front side of the direction, and the bicycle driven by the victim E (69 ) who is driving in the front side of the motor vehicle operated by the defendant was shocked by the front part of the motor vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “the blood transfusion from external wounds,” which requires approximately four weeks of medical treatment, to the victim.

2. On June 30, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven a C-Apurb-purged passenger vehicle from the influoral land under the influence of alcohol level of 0.223% in the blood of around 04:06, to the road in front of Seoul, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual conditions;

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

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

1. Investigation report (report on the situation of the driver in charge); and

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a sentence;

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 fact that an order to attend a lecture or an order to provide community service has been served several times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again leads to the instant crime.

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