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(영문) 서울동부지방법원 2017.10.24 2017고단2604
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On July 27, 2017, the Defendant was under the influence of alcohol content of 0.112% in blood at around 13:30 on July 27, 2017, the Defendant driven a Cisler car from about 20 meters from the 20-meter section to the road of the fall market history distance in front of Songpa-gu Seoul, Songpa-gu, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driving of a passenger car listed in the preceding paragraph at the time of the day set forth in the preceding paragraph with a alcohol concentration of 0.112% while normal driving is difficult due to the influence of alcohol at the time, and was driving a car listed in the preceding paragraph in front of Songpa-gu Seoul Metropolitan City along five-lane distance from the direction of the police hospital, while bypassing along five-lanes in the direction of the fall market in the direction of the police hospital, and did not properly operate the steering gear, and thereby, the Defendant was driving the victim D (64 years) driving that was going to turn to the left at the same direction as the Defendant in the direction of the fall market, and received the part remaining behind the left side of the car of the Defendant driving.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing drinking testing numbers, records of drinking alcohol measurement, reports on the detection of drivers at home, statements of traffic accident occurrence, diagnosis certificates, and photographs of the accident vehicle;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (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 ( normal consideration in favor of the accused);

1. Four times the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service are criminal punishment on the ground of drinking or refusing to measure drinking.

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