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(영문) 서울동부지방법원 2019.03.27 2019고단110
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for one year, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. On December 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) was driven by the victim D (56 years old) who was in the atmosphere of the signal at one lane because he driven a BSP car with a blood alcohol concentration of 0.213% and was driven by the Defendant on a two-lane road in front of Songpa-gu Seoul Metropolitan City, Songpa-gu, along the two-lanes of the road, the two-lanes of the road was under the influence of PSP car with a winding distance.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim D, such as brain, which requires medical treatment for about three weeks, and injury to the victim F of the damaged vehicle (the age of 28) for about two weeks.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at the 1km section from the front day of Songpa-gu Seoul to the front day of Songpa-gu Seoul, while under the influence of alcohol 0.213% of the blood alcohol concentration at the time of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the survey report on actual condition, each medical certificate, and the record book for drinking measurement;

1. Penalty provisions: Each Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 5-11 and 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with prison labor;

1. Concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order, etc.: Criminal Act 62-2;

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