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(영문) 서울서부지방법원 2018.05.17 2018고단375
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving of a motor vehicle with soflurt C, which is a person who is in charge of driving the motor vehicle.

On December 7, 2017, the Defendant driven the said car at a speed of 0.128% alcohol concentration in blood, and continued to drive the said car at a speed of 90km per hour from the side of the JC at the speed of Suwon-si, through three lanes, while driving the road at a speed of 90 kilometers per hour at the speed of Suwon-si, In short, the Defendant continued to drive the said car at a speed of 30 kilometers in front of the victim D (34 ) (hereinafter referred to as the “victim”) with two lanes due to drinking, such as hyming the snow so that it is difficult for the Defendant to drive the car at a normal speed due to the influence of drinking, such as by driving the car at a speed of 0:128%. The Defendant continued to drive the said car at a speed of 30 kilometers in front of the left-hand side of the drive of the Defendant.

Ultimately, the Defendant suffered injury to the victim D, such as pressure pressure pressure, closure, etc. for about eight weeks of medical treatment due to the above occupational negligence, and injury to the victim F, such as salt chills, tensions, etc. requiring approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol with 0.128% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the place where a statement on the circumstances of a driver who is placed in driving, investigation report and alcohol measurement results;

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 Code of Aggravation of Concurrent Crimes;

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