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(영문) 서울북부지방법원 2017.03.28 2017고단243
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in the operation of the Lone Star Co., Ltd.

On December 10, 2016, at around 23:45, the Defendant driven the said marc vehicle under the influence of alcohol concentration of 0.162% in blood, while driving the said marc vehicle under the influence of alcohol concentration of 0.162%, and made the turn to the left in the direction of the Jung-gu Office in the direction of the drinking frame.

In such a case, the Defendant had a duty of care to safely drive along the lane by accurately manipulating the steering system, steering system, steering system, etc.

Nevertheless, the Defendant, by negligence of neglecting the influence of alcohol, was driven by the victim D(45 S) who was in the atmosphere of signal at the top of the opposite vehicle line, which was driven by the Defendant at the top of the left-hand panion of the motor vehicle in the front left-hand panion by the Defendant, and thereby, caused the bus in the next line while the above rocketing other motor vehicle was pushed down by the Defendant.

As a result, the Defendant driven the said van while it is difficult to drive the vehicle normally due to influence of drinking, caused the victim D to suffer from an injury such as spatitis in the number of days of treatment, and at the same time, suffered from an injury such as spatitis which requires two-day medical treatment to the victim F who was on board the said rocketing car (the age of 42).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a statement of a victim);

1. A written statement on the occurrence of G traffic accidents;

1. A survey report on actual conditions;

1. Place as a result of drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to certificates of diagnosis, medical records and certificates;

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

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

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 suspended execution;

1. Order to attend lectures and order to provide community service;

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