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(영문) 서울서부지방법원 2016.08.09 2016고단1113
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 2, 2016, the injured Defendant: around 03:10, around 2016, at the third-class parking lot of 114-dong 114-dong Yet apartment 114, the victim D (41 tax) and the representative driving expenses, who had been in dispute with the victim, dump and dump, and dumped the victim’s breathy, and dumped the body of the left dump on one occasion, and dumped the victim for about 5 weeks of treatment.

2. The Defendant, at the same time and place as above, was driving a Echip car owned by himself/herself at approximately 15m alcohol level while under the influence of alcohol level 0.11% in blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the screen of and injury to CCTV image data of apartments;

1. Relevant legal provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code requires a strict punishment against the defendant in light of the fact that the defendant had already been punished four times as an violent crime, but again committed the instant bodily injury, and furthermore, driving under the influence of alcohol.

However, the fact that the defendant's mistake is recognized and divided, that the driving of drinking is the first time, that is, it is not a driving of drinking from the beginning, but a driving of drinking after a dispute with an acting driver, that the place where the driving of drinking was done is underground parking lot and the distance is not long, and that the injured victim does not want punishment against the defendant by paying a considerable amount of money to the injured victim.

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