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(영문) 서울서부지방법원 2018.10.11 2018고단2246
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 vehicle B i30 in driving a vehicle.

On June 5, 2018, the Defendant driven the said car with a alcohol content of 0.215% 0.20% while driving the said car at around 19:00, while driving the said car along three-lanes from the 3-lanes of agricultural and fishery products to the ec.g., Sungsan-dong World Cup, Mapo-gu Seoul Metropolitan City, and driving the three-lanes of the road in front of the 243-20 World Cup, from the ec.g., Sungsan-dong, Mapo-gu, Seoul, the Defendant received the front part of the said car driven by the victim C (32 years) who is under a stop at the front of the said vehicle without due to the influence of drinking, such as red, unfreshing, and flowing.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.215% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a traffic accident report (survey report on actual condition), a inquiry report on the results of crackdown on drinking driving, an investigation report (with respect to the causes of an accident, such as a video and a cause of an accident caused by a damaged vehicle), a diagnosis report, a quotation, and an investigation report (with respect to the suspect's drinking situation);

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) 1 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. Articles 53 and 55(1) of the Criminal Act for mitigation of small amount of punishment [the crime of violating the Traffic Act of 2016 was committed once, and there was no other criminal record except for the crime of violating the Traffic Act of 2016, and there was an agreement with the victim.

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