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(영문) 서울중앙지방법원 2017.06.21 2017고단2739
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 motor vehicle B’s “Lene Liberler Drick.”

On March 30, 2017, the Defendant driven the said car under the influence of alcohol level of 0.137% from the blood alcohol level around 22:40 on March 30, 2017, and continued the road of five lanes in front of Gangnam-gu Seoul Metropolitan City, Seoul, with three lanes from the bank of the “Gu Pungnam-gu, Seoul (Seoul Metropolitan City) (hereinafter referred to as the “Gu Pungwon Underground Road”), at the speed of about 60km.

At night, at the time, there was a victim D(52) car parked by a vehicle stop signal at the front door, and in such a case, the Defendant was obliged to take care of the front door left and right, and the Defendant was obliged to safely drive the vehicle in accordance with the new code and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded without operating the brakes in a state where it is difficult for the Defendant to drive the vehicle in a normal condition under the influence of alcohol, while driving the vehicle without operating the brakes, and received the front part of the vehicle behind the victim’s vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as “ brain-dead sugar,” which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement made by the driver at regular port, and report on the detection of the driver at primary port;

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 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the case where a minor injury occurs in the basic area (from April to one year) (special mitigation (special mitigation) / drinking driving, etc.) of the type 1 of general traffic accident (the scope of recommended punishment).

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