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(영문) 서울동부지방법원 2018.07.20 2018고단692
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the driver's duty of driving a Dam Mascom with C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 12, 2018, while the Defendant driven the said vehicle under the influence of alcohol content of 0.133% during blood transfusions, the Defendant driven the said vehicle at a speed of 0.13%, and driven the four-lanes in front of Seongdong-gu Seoul Metropolitan Government D, from the upper tri-distance distance room to the sexual traffic slope, and led the four-lanes in front of Seongdong-gu, Seoul, the Defendant met the right side of the said vehicle driven by the victim E (the age of 40) (the age of 40) who was operating in the front line of the said vehicle, and caused the collision to the front line on the left side of the said vehicle driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the victim E (the victim G (the victim 45 years old) who is the passenger of the vehicle driven by the above E (the passenger of the vehicle driven by the 40 years old) for two weeks in need of two-day medical treatment.

2. Defendant 1 driven a Damp vehicle in the state of alcohol concentration of about 500 meters from the front side of Seongdong-gu Seoul Metropolitan Government H to the front road of the same Gu, on a daily basis, as described in the above paragraph 1, while under the influence of alcohol concentration of about 0.133% from the 500-meter section from the day before the same Gu D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E and G;

1. Investigation report (report on the situation of the driver in charge); and

1. Reports on the occurrence of a traffic accident, reports on traffic accidents, data from output of drinking instruments, report on the circumstances of the drivers of drinking instruments, reports on the detection of drivers at home, and written diagnosis;

1. Application of the Acts and subordinate statutes to each photograph, black stuff, CD

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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