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(영문) 서울동부지방법원 2018.03.28 2017고단4018
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who is engaged in driving a B TU car.

On November 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.165% during blood transfusion at around 02:40, while driving the said car, and driven the 642 Ajsan Station as the Seoul Special Metropolitan City Gwangjin-gu Incheon, along with the flow distance of the Gun, at the 5-lane of the Gun, from the flow of the Ajsan Station, the Defendant continued to drive the said car at the 0.165%.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the traffic safety and traffic situation in the front in a normal state without influence of drinking.

Nevertheless, the Defendant received two trucks from the victim C, who was driving to the left by making a left turn from the corner of the Alsan Station at the corner of the Alsan Station of the above Alsan Station by negligence, in a situation where normal driving is difficult due to influence of drinking, in violation of the signal.

Ultimately, the Defendant caused the victim to suffer injury, such as damage to the right line, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a report on the detection of a primary driver;

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

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated (to the extent that the punishment is aggregated with the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the lowest sentence of the punishment shall

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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