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(영문) 서울중앙지방법원 2016.11.30 2016고단6948
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 5, 2016, the Defendant was under the influence of 0.134% of blood alcohol concentration, and was under the influence of 0.19:55% of alcohol, and was under the influence of driving CMW car in the direction of 0.134%, and stopped five lanes in front of 12 square distance in front of the 12nd square distance in Seocho-gu Seoul, Seocho-gu, in the course of changing the vehicle from the two lanes to three lanes, the Defendant’s speech and behavior state at the time was inaccurate, and the walking state was somewhat narrow, and the face color was under the influence of alcohol, so it was impossible to properly manipulate the steering system, brake, etc., and did not change the direction at a safe speed and method, and did not change the front part of DM in the front part of DM car in front of the 3rd motor vehicle driving.

Accordingly, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim F, which is pregnant woman, as a partner of the driver's vehicle, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Statement on the circumstances of a drinking driver, report on detection of a drinking driver, and record of measurement of drinking;

1. Photographs of an accident vehicle;

1. Statement on the occurrence of each traffic accident by D or F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has suspended the execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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