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(영문) 서울중앙지방법원 2017.09.19 2017고단5209
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

1. Around July 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving Cenz motor vehicles at a speed not known in the direction of bankruptcy in the direction of two-way at the pressure of pressure, while under the influence of alcohol content 0.201% in front of Gangnam-gu Seoul, Gangnam-gu, Seoul, while under the influence of alcohol level 0.201% in blood.

Since one-way sign is installed on the road surface at that place, there was a duty of care to prevent accidents in advance due to the failure to enter one-way road to a person engaged in driving service.

Nevertheless, the Defendant neglected this and proceeded to the right-hand turn in the opposite direction of one-way road under the influence of alcohol, followed by the left-hand fault of the victim D(59) who was driving in the direction of two-way speed from the direction of bankruptcy to the pressure-gu at the time of bankruptcy, and received the pent part as the part of the car driving seat of the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. by driving the car for about two weeks to the victim.

2. Defendant 1 driven a C-bening car in the state of alcohol concentration of about 100 meters from the 152-lane 11, Gangnam-gu, Seoul, to the front road of Gangnam-gu, Gangnam-gu, Seoul, while under the influence of alcohol content of about 0.201%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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. 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) 1 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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