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(영문) 서울동부지방법원 2017.10.30 2017고단2601
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 7, 2017, around 19:20, the Defendant driven C cargo vehicle with a alcohol concentration of 0.131% from the 2km section from the front road of Songpa-gu Seoul Metropolitan Government tin-dong to the front road of the same Gu, to the front road of the same Gu.

2. At the time stated in paragraph 1, the Defendant driven the above cargo vehicle while it is difficult to drive normally under the influence of alcohol as seen above, along the two-lane distance from the string distance to the 3-lane distance along the two-lanes in front of the two-lane, while driving the above cargo vehicle on the front side of the traffic distance, and received the part of the victim D(W 30 years old), who was waiting at the signal at the front of the traffic on the front side, followed the Defendant’s cargo vehicle in front of the cargo vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, a record of drinking alcohol measurement, a report on the detection of the driver at the main driver, a report on the circumstances of the driver at the main driver, an investigation report (report on the circumstances of the driver at the main driver), and an investigation report (the application of the aforementioned d

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Criminal Act] In the case of a minor injury (one-month or August) in the mitigation area (a special mitigation/increased person], (1) in the case of a minor injury (including a serious effort to recover damage), in the case of a driving under the influence of alcohol, etc., the crime of violation of road traffic laws (driving under the influence of alcohol) should only observe the lower limit of the recommended sentence, as the sentencing criteria are not set.

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