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(영문) 서울남부지방법원 2020.02.13 2019고단5723
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

On October 18, 2016, the Defendant was issued a summary order of KRW 1.5 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Nevertheless, on November 2, 2019, the Defendant: (a) was engaged in the driving of Ortoba; (b) while driving the said Ortoba while under the influence of 0.164% of blood alcohol level on November 23, 2019, and driving the said Orabab, and driving the said Obaba while neglecting the 0.164% of alcohol level; (c) was negligent in the course of performing duties entering the two-lane roads near Geumcheon-gu Seoul Metropolitan Government, and was directly driving on the Mababababa; (d) caused the victim D(28 years old); (c) driving Ebababba on the right side of the said Orababababa; and (d) caused the injury of the victim F(29 years old) who was on the said D and the said car, by neglecting the detailed provisions and tensions and tensions that require treatment for about two weeks.

As a result, the defendant violated the prohibition of drinking driving at least twice, and operated a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report, a report on the results of the drinking driving control, a circumstantial report on drinking drivers, and a black and video CD;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime;

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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the arguments of this case are shown in the arguments of this case, such as traffic accidents involving drinking alcohol, the measurement of drinking alcohol, the father and degree of injury, agreements, previous convictions and one time (2016), the risk of recidivism, and reflectivity.

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