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(영문) 서울중앙지방법원 2017.09.15 2017고단5211
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

On July 2, 2017, the Defendant driven a Brane car with alcohol content of 0.187% while under the influence of alcohol around 22:00 on July 2, 2017, which led to three lanes in the four-lanes in front of Gangnam-gu Seoul Metropolitan Government C, from the hill historical distance room to the center of Samsung Station.

At the time, the Defendant rhythm, galm, strings, and galm, while under the influence of a little red, the galm is not closely examined the front and the left and right of the front, and did not accurately operate the steering gear, brakes, etc., the Defendant received the rear part of the victim D(67 Do) K5-si driving in the same direction as the front part of the said car.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury to the climatic and the climatic base that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Reports on traffic accidents (1), (2) (2) and reports on the occurrence of traffic accidents;

1. Report on the record of measurement of drinking alcohol, report on the results of crackdown on driving drinking, report on the circumstances of the driver who takes drinking, and investigation report (report on the circumstances of the driver who takes drinking);

1. A written diagnosis on D;

1. Application of statutes on site photographs (No. 8 once a year);

1. The former part of 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) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant was punished for driving under the influence of alcohol in the past but again causes an accident while driving under the influence of alcohol, and that the amount of alcohol concentration in the blood is considerably high at the time of the

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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