(영문) 서울동부지방법원 2018.11.22 2018고단2858

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.11.22 2018고단2858

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 service of a low-income vehicle in B.

On July 12, 2018, the Defendant: (a) around 21:00, as Songpa-gu Seoul, driven a 22-lane 4-16-gil, and (b) under the influence of alcohol concentration of 0.143% in front of the exit 4-16, the Defendant was at the right angle, at the right angle of the five-lane road, at the speed of about 40 km at the speed of about 5 km, depending on one side of the five-lane road from the direction of the region, and (c) in such cases, the vehicle driver was at the intersection where a vehicle signal is installed, etc. at the speed of about 40 km in the speed of 5 km, while driving the vehicle in front of the front direction of the vehicle, maintaining the direction and safety distance, and accurately manipulating the steering direction of the vehicle so that the victim was unable to drive the vehicle under normal influence of drinking, and caused the victim’s failure to drive the vehicle in front of the vehicle in front of the front direction of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes to each medical certificate, records of drinking measurement, and photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제37조

-형법 제38조 제1항 제2호

-형법 제50조

유사 판례

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