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(영문) 서울중앙지방법원 2018.04.26 2018고단1040
특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a Bbenz car under the influence of alcohol concentration of 0.176% in blood transfusion on December 26, 2017, and led the roads of six lanes in front of Gangnam-gu Seoul, Seoul to proceed along the two-lanes in the direction of the Cheongstro distance in the south intersection of Yong-dong.

At the same time, the vehicle was in a state of signal waiting, and thus, the driver of the vehicle had a duty of care to safely drive the steering and steering the steering system by making a well-time traffic situation while accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so at the front time, but was able to drive the victim D(63 S) waiting in the front time signal at the victim D(63 Systasi).

As a result, the Defendant, while driving the said benz car in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim D, i.e., “c., c., e., c., c., c., c., c., c., the passenger of the said systa taxi, thereby suffering from the injury of the victim F, who is the passenger of the said systa taxi, for about two weeks of treatment.

2. At the above day, Defendant 1 driven the said Benz car in the state of alcohol concentration of approximately 0.176% from the 514th degree of bankruptcy in Gangnam-gu Seoul, Seoul, to the 523rd degree of bankruptcy, as Seoul, while under the influence of alcohol level of about 600 meters from the 600th degree of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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