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(영문) 서울중앙지방법원 2018.10.24 2018고단3979
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On June 14, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.213% during blood transfusion, while normal driving is difficult, and led the said vehicle to proceeds from the 70-way outflow of the road near Seocho-gu Seoul Metropolitan Government as the west-ro bank from the west-ro bank.

At the same time, since the victim FF (43 3) was on the front side of the road at the time, the defendant engaged in driving motor vehicles had a duty of care to prevent traffic accidents by accurately manipulating the front side and the steering gear in a clean mind.

Nevertheless, the Defendant neglected this and led to the injury of the victim in front of the foregoing vehicle due to the negligence of driving the above vehicle under the influence of alcohol.

As a result, the Defendant suffered injury to the victim, such as salt dynasium, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier, and the punishment for two concurrent crimes is aggravated: Provided, That the lowest sentence of such punishment shall be based on the punishment determined for the crimes of violation of Road Traffic Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Order to attend a lecture and order to attend a lecture;

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