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(영문) 서울남부지방법원 2017.10.26 2017고단4310
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 the driver of the Lone Star passenger car.

On July 21, 2017, the Defendant driven the said car on the road near Guro-gu Seoul Metropolitan City with a alcohol content of 0.184% in blood around 22:12, while under the influence of alcohol, the Defendant was driving the said car on the road near the Guro-gu Seoul Metropolitan City, and continued it from the 6th airside of the exit area near the Nam-gu, South-gu.

At night and at the same time, the Egyle vehicle operated by the victim D in the direction of the passage, and in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering gear and brake system of the motor vehicle, and to safely drive the motor vehicle by taking into account the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to perform his duty at all times under the influence of drinking while driving normally difficult due to the influence of drinking, and was found to have received the front part of the said Lone Star Motor Vehicle as the front part of the said Lone Star Motor Vehicle.

Defendant 1 suffered, respectively, the injury to the victim D, such as finites, which requires approximately two weeks of treatment due to such occupational negligence, and the injury to the victim F, who is the passenger of the vehicle, such as finites that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is a general traffic accident case (the injury caused by a traffic accident) in the basic area (4 months to 1 year) (the special mitigation (the person to be specially mitigated) / driving under the influence of alcohol (the one type).

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