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(영문) 서울남부지방법원 2017.09.07 2017고단3296
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) was under the influence of drinking, such as 0.239% of alcohol concentration in blood, and 0.239% of alcohol, and the Defendant was unable to drive normally due to the influence of drinking. While a house of Yeongdeungpo-gu Seoul Metropolitan Government, which driven a car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of car of light, the Defendant was negligent in the course of performing duties of neglecting the power-driven city and not operating the steering system and brake system of car of car of car of car of car of car of car of car of car of 15:25, and caused car of 36 years old and to suffer from the injury of car of car of Ga of Ga of car of 1.

2. On June 23, 2017, the Defendant: (a) driven a C Car while under the influence of alcohol content of 0.239% in blood at the section of approximately 10 meters around the Yeongdeungpo-gu Seoul Metropolitan Government D on June 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A H statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation report (the application of the aforementioned d mark);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment shall be the basic area (from April to one year) of the class 1 (the injury caused by traffic accidents) of the general traffic accident: None of the persons subject to special sentencing;

2. The decision-making drinking volume of sentence is extremely high; and

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