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(영문) 서울남부지방법원 2018.09.20 2018고단2409
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 28, 2018, around 03:55, the Defendant driven BMW car while under the influence of alcohol concentration of 0.146% in front of the shooting distance in Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul, 254 Syun Station, and while under the influence of alcohol level of 0.146% in blood.

At the time, the Defendant had a alcohol concentration of 0.146% in blood, smelled in his/her face, snicking on the face, and a sprinking distance was difficult to drive normally due to the influence of drinking, such as drinking.

Nevertheless, the Defendant: (a) driven BMW car under the influence of alcohol while driving it at the time, at the above time, at the same place; (b) and (c) had the victim C(58) who was waiting in the front of the signal at the front of the vehicle while driving it; (b) caused the Defendant E (46) the victim E (the victim) who was on the taxi, who was on the taxi, suffered bodily injury, such as climatic salt, etc. in need of approximately two weeks of treatment; and (c) caused the victim E (the victim E), who was on the taxi, to suffer bodily injury, such as the clif, tension, etc. in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Investigation report (victim E phone statement);

1. A report on the actual condition of survey and the occurrence of a traffic accident;

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

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 on orders to provide community service and attend lectures;

1. The scope of the recommended punishment [the scope of the recommended punishment] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (Article 8-2) in the aggravated area (Article 1-2) [Special Aggravationd Persons] Drinking, etc.

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