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(영문) 서울남부지방법원 2019.05.14 2019고단143
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 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 vehicle B at low price.

On December 27, 2018, the Defendant driven the said car while under the influence of alcohol of 0.173% of blood alcohol concentration 0.173%, and was negligent in the course of business in the course of driving the car without looking at the road for one-way driving prior to the Diplomatic Association located in Guro-gu Seoul Metropolitan Government, and found the car driving in the same manner, and received the part of the back-line part of the Fone Star Rof for the victim E (the age of 47) driving, who stopped and stopped, as even the left-hand part of the car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as a tension, tension, salt, etc., which requires the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police statement (E);

1. The actual condition survey report and the actual condition report of the driver;

1. Inquiry into results of the crackdown on drinking driving and the application of Acts and subordinate statutes;

1. Relevant 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 the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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