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(영문) 서울남부지방법원 2020.07.23 2020고단1267
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 25, 2020, the Defendant was driving a FM3 vehicle under the influence of alcohol of 0.113% with a blood alcohol concentration of 0.13% from the parking lot of the second floor of the Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, to the front path of the “E” located in the same Gu D.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed by the Defendant, who is engaged in driving of the said SM3 vehicle, driving the said SM3 vehicle under the influence of alcohol concentration of 0.113% in the temporary border under paragraph (1) while waiting for a stop after receiving red signal on the front side of the said “E”, and received HWz car driven by the victim G (V, 49 years old) who was stopped behind, while waiting for a stop.

Ultimately, the Defendant driven the said SM3 car in a state where normal driving is difficult due to influence of alcohol, and sustained injury to the victim G by driving the said SM3 car for about two weeks, such as dumnasium, and suffered injury, such as dumnasium, which requires approximately two weeks of medical treatment to the victim I who was accompanied by the said MM3 car.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, vehicle photograph, statement on the occurrence of a traffic accident, investigation report (the confirmation of a black image);

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a danger driving) and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: the defendant.

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