(영문) 서울동부지방법원 2018.06.08 2018고단878

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.06.08 2018고단878

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for four 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

Criminal facts

1. On February 5, 2018, the Defendant was under the influence of 00:45% of alcohol concentration in the blood transfusion, and the Defendant was driving along the four-lane road in front of Songpa-gu Seoul, Songpa-gu along the one-lane road from the remote distance room in the village of the village of the village of the village of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the 196-lane.

As a result, the Defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and suffered injury such as a light of the right to the right side which requires approximately eight weeks medical treatment.

2. On February 5, 2018, the Defendant was under the influence of alcohol content of 0.104% during blood transfusion around 00:45 on February 5, 2018, the Defendant driven the 2km vehicle from the 58 km road in Songpa-gu Seoul, Songpa-ro to the road in front of Seoul Songpa-gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A map at the scene of an accident;

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

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the sum of the long-term punishments of two crimes stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, is increased: Provided, That the lower limit of the punishment shall be the lower limit of the punishment specified in the crime of violation of Road Traffic Act

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제37조

-형법 제38조 제1항 제2호

-형법 제50조

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