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(영문) 서울동부지방법원 2017.04.27 2017고단167
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car in the SPP area in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 14, 2016, the Defendant driven the above vehicle under the influence of normal driving due to the influence of alcohol level of 0.117% on blood, 0.15, while driving the vehicle under the influence of normal driving, such as leaving the face, shaking the walking condition, etc., and driving the vehicle under the influence of at least two weeks on the side of Asansan City, Gwangjin-gu, Seoul, the Defendant, while driving the vehicle under the influence of alcohol, neglected to stop the vehicle at the front direction of the Defendant while driving the vehicle under the influence of alcohol and leaving the vehicle at the front direction of the victim E, while neglecting the speed and the front direction of the vehicle. At the same time, the Defendant sustained the 2 week back of the FK7 vehicle driven by the victim E, who was under the influence of alcohol, with the part of the front part of the Defendant’s vehicle, and thereby, sustained the victim who was on board the damaged vehicle, and sustained the tension of the said 2 week back and the tension of the troke.

2. The Defendant was driving a vehicle under the influence of alcohol level of 0.17% from the 3km section of blood in the 3km section from the date and time set forth in paragraph (1) at the location set forth in paragraph (1) to the place set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, records on drinking records, and reports on the detection of drivers engaged in driving;

1. Each written diagnosis (E, G);

1. Application of Acts and subordinate statutes to the scene of accidents and photographs of accident vehicles;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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