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(영문) 서울중앙지방법원 2020.07.22 2020고단2709
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a car at the horse b.

On March 13, 2020, the Defendant driven the said car under the influence of alcohol of 0.176% on a blood alcohol level at a 07:05, while driving it, and driving it along the Olympic Zone at the pressure zone in Gangnam-gu, Seoul, along the three-lanes from the parallel to the parallel of the same zone, according to the Olympic Zone located at the pressure zone in Gangnam-gu, Seoul, and changing the lanes from the parallel of the four-lanes to the four-lanes. The Defendant, by negligence, changed the course of the victim C (45 years old)'s driving that was proceeding in the same direction along the four-lanes, by taking the part behind the right side of the Defendant's car and taking the part above victim C (45 years old), suffered injury, such as salt and tension, etc. in need of treatment for about two weeks, and injury to the victim E(71 years old, 72 years old, and tension to the victim(s) who was boarding the said car in the same direction.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victims, and violated the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Drinking values;

1. Each written diagnosis;

1. Application of the laws and subordinate statutes governing booms and video CDs for vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. The fact that the reason for sentencing of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act is high is that it is disadvantageous to the defendant.

However, there is no previous conviction, and there is no previous conviction exceeding a fine, and the victim does not want the punishment by mutual consent with the victim.

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