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(영문) 서울중앙지방법원 2017.01.18 2016고단7533
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

On September 17, 2016, the Defendant driven BMW car with a alcohol level of 0.194% 0.194% during blood transfusion around 02:30 on September 17, 2016, and led to the flow distance in Gangnam-gu Seoul to a single lane out of three-lanes between the national flag protection area and the national flag protection area in Gangnam-gu.

At the time, the defendant's speech and behavior state of the defendant was stuck, the walking state was cut off, and the blood on the inside is under the influence of red, so that he was unable to closely see the front and the right and the right and the right and failed to accurately manipulate the steering gear and brakes, etc., and the defendant attempted to engage in illegal fishing in direct Jinho, and was driven by the victim C while driving on the opposite lane, the front part of the D rocketing cab driven by the victim C was considered to be the front part of the said car.

As a result, the Defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, caused the victim C to suffer injuries, such as salt pans, tensions, etc. in need of treatment for about two weeks, and caused the victim E, who is the passenger of the said taxi, to suffer from the injury of the non-furnites requiring treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and record of the measurement of drinking;

1. Photographss of the skin or damaged vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each hazard) concerning the crime, 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. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment aggregating the maximum term of punishment prescribed for each crime);

1. The sentencing of Article 62(1) of the Criminal Act on the suspension of execution is almost 0.0 alcohol concentration in blood.

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