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(영문) 서울중앙지방법원 2017.07.12 2017고단3194
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

On April 19, 2017, the Defendant driven B Spo-type car with alcohol content of 0.184% in blood around 07:15, while under the influence of alcohol, and continued three-lanes of five-lanes in the front of Gangnam-gu Seoul, Gangnam-gu Seoul.

At the time, the defendant is divided into several ways, and the pedestrian state is so drunk that it is possible to see the front side and the left side of the road, and the steering system and the steering system are not operated properly, and thus, it was received the back part of the Eflance car of the victim D (33) who was waiting in the same lane at the front side of the road.

As a result, the Defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, caused the injury of the victim F, who is a passenger of the motor vehicle for about two weeks, such as salt, tension, etc. in need of medical treatment for about two weeks, and the injury of the victim F, who is a passenger of the motor vehicle for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report (1) (2) (2)

1. A written statement on the occurrence of each traffic accident;

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

1. A report on detection of a driver of a driving school and a result of drinking measurement;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 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 imprisonment with prison labor chosen;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] is minor in the basic area (4 months to one year) (special mitigation (special mitigation).

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