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(영문) 서울북부지방법원 2018.04.26 2018고단387
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 8, 2018, the Defendant driven the said car without a driver’s license with a alcohol content of 0.143% during blood transfusion at around 07:16, while driving the said car in front of Dongdaemun-gu Seoul Metropolitan Government in the direction of the first direction of the GM vehicle located in front of the Dongdaemun-gu, Seoul Metropolitan Government at the seat of the hotel in the direction of the Gyeongnam-do, where normal driving is difficult due to influence of alcohol due to the influence of alcohol, and the Defendant’s negligence by failing to comply with the Defendant’s duty of drinking at the front direction, leading the victim D(26 years old) driving on the right side from the left side of the Defendant’s running direction. The Defendant shocked the Defendant’s front driver of the GM vehicle owned by the victim F (56 years old) who continued to park on the right side of the Defendant’s front direction.

As a result, the Defendant caused the victim D’s injury, such as “light scood salt,” which requires approximately two weeks of medical treatment by occupational negligence as above, and damaged the Escooer, which is the damaged vehicle, to repair cost of KRW 1,589,90, and KRW 13,596,940, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Drinking result;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62(1) of the Criminal Act on January 9, 2017, which caused an accident due to a violation of the duty of driving under the influence of alcohol and the duty of driving under the influence of alcohol.

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