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(영문) 서울중앙지방법원 2018.04.05 2017고단7472
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a G food car.

On October 08, 2017, the Defendant, at around 03:10 on around 08, 2017, was under the influence of alcohol with 0.136% during blood, and thus, it is difficult to drive normally, and at the same time two roads near Jongno-gu Seoul, Jongno-gu, Seoul were under the influence of 3 sidesd by the end.

On the front side of the above road, signal lights are installed, and the victim I (60) driver Jinasi was under the influence to observe the signal, and thus, the defendant engaged in driving of the motor vehicle has a duty of care to take care of the right and the right and the right and the right and duty of care to prevent the traffic accident by driving the motor vehicle with a clear mental condition that is not mentioned by the defendant.

Nevertheless, the Defendant was negligent in driving a food vehicle without neglecting this and received the rear part of the Nata-si as the front part of the fasi.

As a result, the defendant suffered injury to the victim, such as spawn spawn, which requires a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A survey report on actual conditions;

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

1. Investigation report (report on the situation of the driver in charge); and

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, Article 38 (1) 2 and Article 50 of the said Act [the lowest shall apply to the crimes specified for the violation of traffic laws on roads (driving of alcohol: Provided, That the lowest shall apply to the crimes specified for the violation of traffic laws on roads);

1. It shall be decided as ordered by the court for not less than Article 62 (1) of the Criminal Act (the extent of damage is not so severe, and it is against the law).

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