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(영문) 서울북부지방법원 2020.06.11 2019고단5300
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was found to have been employed in front of the B apartment Cdong in Seoul Special Metropolitan City, due to the negligence that the Defendant was unable to accurately operate the brake system, etc. while driving a 0.168% alcohol level while under the influence of 0.168% of blood alcohol level, on the roads of B apartment Cdong in Seoul Special Metropolitan City, and was employed in front of the said rocketing car in front of the victim E (27 years old) and the victim F (27 years old) boarding and stopping.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victims, such as the base of salt, tension, etc. for about two weeks in need of medical treatment.

2. Around September 8, 2019, the Defendant was driving a vehicle under the former paragraph while under the influence of alcohol content of 0.168% until the apartment C-dong, Seoul Special Metropolitan City, Nowon-gu, up to the day before the apartment C-dong, Seoul Special Metropolitan City Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident in H, E, and F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the survey report on the actual condition, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the report on the control of drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020 and enforced from May 5, 2020) and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's blood alcohol concentration was very high for the reason of sentencing in Article 62-2 of the Criminal Act, and the risk of drinking driving was realized, such as causing damage to people, etc.

from victims;

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