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(영문) 서울남부지방법원 2019.03.12 2019고단38
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that 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 December 14, 2018, the Defendant, who is engaged in driving of a car B, XE 20d, was driving a car with the above sub-scheduled on December 14, 2018, and continued to drive a road near Yeongdeungpo-gu Seoul Metropolitan Government C at the lower level from the Seo Riverside to the lower level.

In such cases, the driver has a duty of care to live well on the front side and the right and the right and the right and the right of the driver, to accurately operate the steering wheel and the system, so as not to conflict with other vehicles, etc.

Nevertheless, the Defendant neglected the above duty of care and continued to drive under the influence of alcohol content 0.126%, and the victim D (the age of 28) who was driven by the Defendant, and the victim E (the age of 28) was accompanied by the 300 car (the age of 28).

As a result, the Defendant, in a situation where normal driving is difficult due to the influence of alcohol, driving a car again and caused the victims to suffer injuries, such as salt dynasty, which requires medical treatment for about 1 to 2 weeks, and driving a car again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of a driving a sound driving)

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

1. Selection of each sentence of imprisonment;

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

1. Details and result of the reason for sentencing under Article 62(1) of the Criminal Act, the circumstances of the accident, degree of the degree of the degree of the injury, the degree of the injury (in full charge 1 and 2), the subscription to the comprehensive automobile insurance, and the first offense.

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