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(영문) 서울중앙지방법원 2019.03.15 2018고단8254
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 16, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the CMW car on the front road of Gangnam-gu Seoul, Seoul, and proceeded under the influence of alcohol by 0.165% of blood alcohol concentration on the surface of the cM park at the chne park room in the chill center.

At all times, the defendant was driving a motor vehicle in a situation where it is difficult to drive the motor vehicle due to a normal operation without looking at the front left left side of the motor vehicle and the left side of the victim E (50 years of age) who drives the motor vehicle due to the negligence in a situation where it is difficult to drive the motor vehicle due to the normal operation of the steering system, while taking the front side of the motor vehicle operated by the defendant, and suffered the victim's injury on the left side part of the motor vehicle requiring approximately 6 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle under the influence of alcohol 0.165% in the blood alcohol concentration from the front of the Gangnam-gu Seoul Metropolitan Government to the place referred to in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a report on the occurrence of a traffic accident, or a statement on the occurrence of a traffic accident;

1. The place where drinking is measured and stopped, and the result of drinking driving control;

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, Articles 148-2 (2) and 44 (1) of the Road Traffic Act concerning the crime (or, respectively, choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (an agreement with the victim)

1. Article 62 (1) of the Criminal Act (the same extenuating circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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