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(영문) 서울동부지방법원 2017.12.28 2017고단2995
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 23, 2017, the Defendant was under the influence of alcohol content of 0.205% during blood transfusion on August 23, 2017, the Defendant driving a vehicle B, with approximately KRW 500 meters in the section of 500 meters, from the river near the don Station located in Songpa-gu Seoul to the road of the door middle school located in Songpa-gu Seoul, Songpa-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was committed by the Defendant on the following part of the victim C (25 years old) who was waiting in the front direction at the front direction while driving a motor vehicle as stated in the preceding paragraph with alcohol content of 0.205% at the time of the day specified in the preceding paragraph, while driving the motor vehicle at the front port of Songpa-gu Seoul Metropolitan Government while making it difficult to drive the motor vehicle normally, and driving the motor vehicle at the front direction of the motor vehicle in the front direction of the door middle distance along the two-lane in the direction of the front direction.

As a result, the Defendant suffered injuries, such as salt pans, etc., to the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a report on the detection of a primary driver;

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) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 and 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant committed an offense of causing the victim to commit an accident while normal driving is difficult due to drinking. In light of the fact that drinking (0.205%) high, and that the Defendant was punished by a fine of KRW 5 million due to driving under drinking.

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