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(영문) 서울남부지방법원 2017.06.15 2017고단380
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was engaged in driving service of his own B Mascam.

1. On November 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said van while under the influence of 0.234% alcohol concentration in blood on the side side of the house that is not in the front line of Gangseo-gu Seoul Metropolitan Government, even though the house was under the influence of 0.234% alcohol concentration in blood on the side side, and was driving the said van at a speed of approximately 10 km/h from the top of the chill in the direction of the movable church.

In such cases, a person engaged in driving service has a duty of care to safely drive a motor vehicle by avoiding pedestrians by checking the front door well.

Nevertheless, the Defendant, while driving on a road without living well with the front door, was shocked by the victim D(57) part of the victim D(57) who walked along the road due to the rear side of the victim.

As a result, the Defendant driven a van while it is difficult to drive the car normally due to the influence of drinking, resulting in the victim's multiple scambling in need of treatment for about two weeks.

2. The Defendant, at the same time as referred to in the preceding paragraph, driven a mast vehicle with alcohol content of at least 0.234% under the influence of alcohol at a 50-meter section prior to C on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a certificate of measurement of drinking, and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving) concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (a point of driving under influence of alcohol);

1. Selection of each sentence of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant committed the crime of this case during the period of probation ( Daejeon District Court).

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