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(영문) 서울서부지방법원 2016.06.14 2016고단1110
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused by danger) is 0.157% of alcohol level in blood, face is red, smelled in the entrance, and so it is difficult to drive a specific motor vehicle normally because the walk is so big that it is difficult to drive a motor vehicle due to a little string, the Defendant driven a motor vehicle at around 04:18 on February 26, 2016, while driving a motor vehicle at around 04:18, and driving a motor vehicle at around the point in front of the point in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, along two-lane from the direction of red distance.

While the Defendant was under the influence of alcohol as above, the victim E, who changed the lane from the three-lanes to the two-lanes in front of the Defendant’s passenger vehicle in front of the Defendant’s passenger vehicle, received the parts following the left-hand side of the F-Ma T-Ma T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

After all, the Defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. Around 04:00 on February 26, 2016, the Defendant driven C benz motor vehicle under the influence of alcohol at approximately 16km from the 16km section to the front road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with a alcohol level of about 0.157%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1), (2), a statement in the circumstances of the driver at home, and a report on the detection of the driver at home;

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

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been punished six times due to the Defendant’s violation of the Road Traffic Act, such as drinking driving twice or twice a licenseless driving, etc. during the period. Furthermore, the Defendant has been punished on December 24, 2014.

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