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(영문) 서울동부지방법원 2018.12.06 2018고단2691
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 9, 2018, the Defendant was under the influence of alcohol level of 0.114% during blood transfusion on around 16:30 on August 16:30, 2018, and was driving a vehicle of Epoter in front of “G cafeteria” located in Songpa-gu Seoul Metropolitan City by driving the vehicle of “G cafeteria” in front of “G cafeteria” in Songpa-gu, Songpa-gu, Seoul, into an elementary school located in the remote distance room in the Gu Sungdong-dong detention center, while driving the vehicle in front of the center and driving the vehicle in the opposite direction while driving the vehicle in excess of the center and driving the vehicle in the opposite direction (n, 45 years old).

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, was incurred by the victim J(12) who was on the said victim H and the damaged motor vehicle for about two weeks, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driven Epoter vehicles at the 2km section from the roads near the fall market located in 932, as Seoul Songpa-gu, to the roads in front of the “G cafeteria” located in Seoul Songpa-gu, Seoul, while under the influence of 0.14% alcohol level among the blood alcohol level at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

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

1. A survey report on actual conditions;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes, which are stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be based on

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