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(영문) 서울남부지방법원 2017.10.12 2017고단3513
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. On July 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol level of 0.208% during blood transfusion on July 3, 2017, while driving his body in a non-distance and face, making it difficult to drive his body normally due to the influence of drinking, such as drinking, etc., he was driving a Bro, driving a two-lane road in front of the D Ka Center in Yangcheon-gu Seoul Metropolitan Government, and driving the two-lane road in front of the D Ka Center in Yangcheon-gu, Seoul, along the new direction of the ICT, while driving the two-lane road along the new direction from the new direction of the ICT, the Defendant neglected the front direction and failed to properly operate the steering system and brake system, and caused the victim to receive the two-lane driver’s license and the two-lane driver’s license in the front direction of the aboveromoon.

2. Around 08:55 on July 3, 2017, the Defendant driven a bro-car under the influence of alcohol leveling 0.208% from the 2km section to the front road of the GKa Center located in Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul, for a 186-dong apartment site to the front road of the DKa Center located in Yangcheon-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. The application of Acts and subordinate statutes to a traffic accident report, a report on the circumstances of the driver of the driver's license, a report on the measurement of drinking, a medical certificate, a report on detection of the driver of the driver's license, and an investigation report (applicable to the aforementioned

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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, and each choice of imprisonment with prison labor;

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 under Article 62-2 of the Criminal Act is 0.

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