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(영문) 서울남부지방법원 2017.09.14 2017고단3478
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. On July 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was under the influence of alcohol 0.137% in blood, while driving his body in a non-distance and face, and making it difficult for the Defendant to drive the BMW car normally due to the influence of drinking. On the other hand, the Defendant driven the BMW car while driving the 2-lane road near the Do high-speed road located in the Seoul Yeongdeungpo-gu Seoul Metropolitan City Do Do 367 along the Do Do Do Do Do ro, driving the Do Do ro, driving the Do ro, driving the Do Do ro, driving the Do ro, driving the Do ro gate, driving the Do ro gate, driving it along the direction of the Do Do ero e, and caused the Do ero son and the Do ero son son to receive necessary treatment.

2. Around 06:00 on July 8, 2017, the Defendant driven BM car under the influence of alcohol content of about 0.137% at the section of about 4km from the roads near the Chang Building located in Inndodong, Yeongdeungpo-gu Seoul Metropolitan Government to the roads near the Do forest high-priced road located in 367 in the same Gu Do road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act, the selection of imprisonment for 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The case where a minor injury occurs in the basic area (4 months to one year) (special mitigation (special mitigation)] of the types of traffic accidents (the person subject to special mitigation) / driving under the influence of alcohol, etc. (the sentence shall be sentenced).

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