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(영문) 서울중앙지방법원 2017.07.12 2017고단3226
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a motor vehicle B fishing code in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 26, 2017, the Defendant driven the above car at around 0:00 and was under the influence of 0.263% alcohol during blood, and was under the influence of 43% at the right turn from the back road of the Seocho-gu Seoul, Seocho-gu, Seoul to proceed to 45 directions by distribution for new distribution in Seocho-gu, Seoul, the Defendant was a person engaged in driving a motor vehicle, who was under the duty of care to properly operate the front side and the right and the right of the motor vehicle, and was negligent in neglecting the duty of care to operate the steering direction and the operation of the steering system in a safe manner, while neglecting the duty of care to operate the motor vehicle in a safe manner, and received the victim as the left side of the vehicle front side of the Defendant

Ultimately, the Defendant driven the said car in a state where normal operation is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of treatment between approximately two weeks.

2. Around 20:00 on April 26, 2017, the Defendant driven a B fishing code car under the influence of alcohol concentration of approximately 200 meters at the back of about 43 meters, a new distribution channel in Seocho-gu Seoul, Seocho-gu, Seoul, while under the influence of alcohol level of about 0.263%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents;

1. A report on the state of self-finding and an investigation report (the state of driving in the State);

1. Results of regulating driving of drinking;

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) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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