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(영문) 서울남부지방법원 2017.10.12 2017고단3479
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On June 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was under the influence of alcohol level of 0.18% in blood, and the Defendant was unable to drive normally due to the influence of drinking, such as making his body red on a non-distance and face, while driving Cro-type vehicles, and driving Cro-type vehicles at the speed of 3 lanes in the speed of 167 in Guro-gu Seoul Metropolitan City, Guro-gu, the University, taking into account the height of Masan in the speed of 167, the Defendant was driving at the speed of 2 lanes in the direction of the Gu in the direction of the Gu, leading the first line to the change of the vehicle with the first line, while neglecting the front line and not operating the steering system and operation of the steering unit, the Defendant was under the influence of the victim’s 2D and the part necessary for the treatment of the victim’s 5-day vehicle with the upper right part of the above part of the vehicle.

2. On June 25, 2017, the Defendant driven a car with C in a state of alcohol alcohol content of about 0.188% from the 1km section from the Guro in Guro-gu Seoul Metropolitan Government to the Garo high-priced road located in the same Guro 167, Guro-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to the statement of the circumstances of the driver in charge, the report on the detection of the driver in charge, the investigation report (CCTV image content), and the examination report;

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) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act: The sentence of sentence shall be included.

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