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(영문) 서울동부지방법원 2018.08.16 2017고단4113
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

1. On November 4, 2017, the Defendant was under the influence of alcohol content of 0.172% from the blood transfusion around 20:23 on November 4, 2017, the Defendant driven CWstar Corres from the road near the Songpa-dong Seoul, Songpa-gu to the front road in Seoul Songpa-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was committed by the Defendant on the part of the victim D(46 years old) who was waiting at the front of the signal signal at the front of the police hospital because the Defendant failed to accurately operate the brake system while driving the van in front of Songpa-gu Seoul along three-lanes in the direction of the police hospital, while driving the rolling stock listed in the preceding paragraph while under the influence of alcohol content 0.172% in a light of the time indicated in the preceding paragraph at the time.

As a result, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Investigation report on the actual condition of traffic accidents, records of drinking testing, reports on the detection of drivers of primary drivers, and circumstantial records of drivers of primary drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the scenes, vehicle photographs, and parking places;

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. 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 suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant acknowledges and reflects the crime, and the victim's injury is relatively minor: The defendant has a record of criminal punishment due to drinking driving, and at the time of committing the crime.

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