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(영문) 서울중앙지방법원 2017.09.06 2017고단4286
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2017, the Defendant driven B SP car with alcohol content of 0.188% while under the influence of alcohol during blood around 00:30 on May 8, 2017, and continued two laness in front of Gangnam-gu Seoul Metropolitan Government C, one of the three-lanes in front of Seoul, as a string of the distance distance from the next hospital.

At the time, the Defendant was inaccurate, and the pedestrian state was several influences, and the steering gear or brakes were unable to properly fluorize the right and the right and the right and the right and the right and the right and the system was under the influence of alcohol to the extent that the snow would be fluences, and thus, the part of the back part of the E-learning Vehicle of the victim D (W, 24 years old) driving in the front direction was received as the part of the front part of the ice Motor Vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as the salt pans, tensions, etc. requiring a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. Statement of the circumstances of the driver involved in driving;

1. Place of measurement of drinking alcohol, report on the detection of drivers of drinking alcohol, and report on investigation (applicable with the aforementioned mark);

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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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 reason for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents) (In the case of a minor injury (special mitigation to one year) (special mitigation to one year) / In the case of driving, etc. under the influence of alcohol (decision of sentence] 6 months of imprisonment with prison labor and one year of suspended sentence;

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