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(영문) 서울서부지방법원 2018.10.11 2018고단2290
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who is engaged in driving a vehicle B with the knife while driving the vehicle B.

On May 17, 2018, the Defendant driven the above 0.106% alcohol level from the blood alcohol level to the 0.106% around 02:50, while driving along the above 4-lane road in front of the Seoul Mapo-gu Seoul Mapo-gu Seoul building along the 4-lanes toward the airspace in the front direction of the Kymar Park, the Defendant did not see the victim D (e.g., 58 years old) crossing the left side from the Defendant’s right side of the road under the victim’s body body side by the front part of the above knife of the above knife Park, so that it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, such as the snow is shocked, slided, and flowed.

Ultimately, the Defendant suffered injury, such as duplicating four or more cupages in need of approximately eight weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.106% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting of a traffic accident, notification of the results of regulating drinking driving, investigation report (survey on a wooden phone), and application of Acts and subordinate statutes to the Acts and subordinate statutes;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that the defendant is the first offender, the victim and the victim have agreed smoothly after the closure of pleadings, and the fact that the motor vehicle comprehensive insurance has been purchased, the mistake has been recognized, and is against the law

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