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(영문) 서울동부지방법원 2017.12.20 2017고단3236
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 22, 2017, the Defendant was under the influence of alcohol content of 0.202% from blood transfusions around 02:35 on September 22, 2017, and the Defendant was under the influence of alcohol content of 0.202%, one-lane of the five-lanes in front of Gwangjin-gu Seoul Special Metropolitan City E in the military basin of the military.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes, etc. of the motor vehicle in a normal state without influence of drinking, drugs, etc. and by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant, while neglecting this, has driven by a victim F(32) who was waiting to turn to the left at a one-lane, which is due to the negligence of driving a vehicle while under the influence of alcohol.

G 125cc Austria was charged with the front part of the said rocketing other car.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Penalty provision - Articles 5-11 and 148-22 (1) 1 and 44(1) of the Road Traffic Act - Selection of imprisonment with prison labor, respectively;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Reduction of a small amount under Article 53 or 55 (1) 3 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists an agreement with the victim and the fact that only one fine has been imposed);

1. Social services and other criminal laws 62-2;

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