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(영문) 서울남부지방법원 2018.09.20 2018고단3468
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a 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 March 22, 2018, around 22:15, the Defendant driven a Csch Rexn car under the influence of alcohol concentration of 0.117% in front of Yangcheon-gu Seoul Metropolitan Government (Seoul), and proceeded as one-lane between four-lanes on the side of the side of the side of the side of the side of the side of the side of the side of the river.

In this regard, the Defendant, at the time, was unable to drive normally due to the influence of drinking, such as drinking, while the alcohol concentration in blood reaches 0.117% and smelling.

Nevertheless, Defendant D( South, 38 years old) who was waiting for the signal at one-lane of the opposite direction by driving a U-turn passenger car at the above date, at the above time, and at the same place, the victim F (F (F, 35 years old) who was on board the back of Almat vehicle, suffered from the injury such as salt, tension, etc. in the chill, which requires treatment of Almat vehicle for about two weeks, and caused the victim F (F, 35 years old), who was on board the back of Almat vehicle, to suffer from about three weeks of injury, such as the chills and tensions of the bones of the neck that require treatment.

As such, the Defendant driven a vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and caused the victims to suffer injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A certificate of drinking alcohol measurement and a report on the detection of a main driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations, general traffic accidents;

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