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(영문) 서울중앙지방법원 2017.03.15 2017고단163
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 in the manner that violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.163% in blood at around 23:08, while driving the said car in a state where it is difficult to drive the car normally, and neglected to perform his/her duty of care in the front direction of the vehicle under the influence of alcohol while driving the two-lanes along two-lanes as the front direction of the Seocho-gu Seoul Metropolitan Government on the surface of the IIC bank, and proceed with the vehicle signal of the front direction while being red, by negligence, the Defendant’s driving of the said car under the influence of alcohol on the right side of the victim C (36 years) who was driving under the new subparagraph on the right side of the Defendant’s running direction, conflict with the front direction of the automobile of the Defendant.

Ultimately, the Defendant suffered from the injury to the left-hand bed, the left-hand bed, which requires approximately 12 weeks of medical treatment, in a state where normal driving is difficult due to the influence of alcohol as above.

2. Around November 23, 2016, the Defendant was driving a B slick-gu car with alcohol content of 0.163% in the 12km section from the main station in the vicinity of Songpa-dong, Songpa-gu, Seoul to the place where the said accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver and the circumstantial statement;

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, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

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 under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] The basic area (4 months to 1 year) (special mitigation (aggravating) is the basic area (aggravating traffic accidents).

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