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(영문) 서울동부지방법원 2017.05.25 2017고단1050
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 February 24, 2017, at around 00:20, the Defendant continued to receive the back portion of the victim C driver’s D 1 ton of the cargo in front of the Defendant’s vehicle and continued to receive the back portion of the E driver’s FF benz, which stopped in front of the said cargo while driving a vehicle at a 0.123% alcohol level, under the influence of drinking, while under the influence of alcohol, the Defendant was under the influence of alcohol while driving on the road of Seongdong-gu Seoul Seongdong-dong 236-1, Seongdong-gu, Seoul, and making it impossible to drive the vehicle normally.

As a result, the Defendant suffered injury to the victim C, such as catum fat, which requires approximately two weeks of medical treatment, and injury to the victim G, who is a passenger of the said batts car, due to the need for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the occurrence of traffic accidents in E and G;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a statement on the circumstances of the driver at the main driver and a report on the detection of the driver at the main driver

1. Reports on internal investigation (Attachment to photographs of the collision part) and each investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (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 each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] The case where a minor injury occurs in the basic area (four months to one year) (special mitigation (special mitigation)] of the types of traffic accidents (the person subject to special mitigation) / In the case of driving under the influence of alcohol, etc., multiple crimes are handled: the crime of violation of traffic laws on roads (driving under the influence of alcohol) is a crime to which the sentencing guidelines are not applied. Thus, the lower limit of the recommended sentence under the above sentencing guidelines is determined (the sentence is sentenced).

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