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(영문) 서울동부지방법원 2018.11.21 2018고단3380
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On August 30, 2018, the Defendant was under the influence of alcohol content of 0.152% during blood transfusion on August 30, 2018, the Defendant driving a vehicle from approximately 2K meters in the direction of Chumbburg from the roads adjacent to the falling-dong, Songpa-gu, Seoul to the roads front of Songpa-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was committed by the Defendant’s driving of a passenger car as stated in the preceding paragraph at the time of the day set forth in the preceding paragraph with a alcohol content of 0.152% while normal driving is difficult due to the influence of alcohol at the time of the day set forth in the preceding paragraph, and the front road of Songpa-gu Seoul is driving along the two-lanes in front of the police hospital in the direction of the police hospital in the direction of the gate-gu elementary school in the direction of the police hospital in the direction of the gate, thereby failing to properly operate the steering direction and brake system, thereby making it difficult for the Defendant’s driving.

As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The report on a traffic accident, the inspection report on the measurement of alcohol, the report on the detection of drivers engaged in driving, and the report on the circumstances of drivers engaged in driving;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle), and choice of imprisonment with prison labor, for the crime;

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in the fact that the defendant has been punished once due to drinking driving, the risk of drinking driving has been realized and traffic accidents have occurred, the vehicle of the defendant is covered by a comprehensive insurance and the injured person wishes to be punished by the defendant.

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