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(영문) 서울동부지방법원 2020.05.18 2020고단619
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a EXE car.

On January 10, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.144% 0.10% around 23:30, and led to a five-lane road in front of the 474 Olympic Winter Group, Songpa-gu Seoul Olympic Winter Games, along three-lanes from the south of the Olympic Winter Zone to the south of Gangdong-gu.

At night, it was difficult to keep the surroundings around, and in this case, the signal apparatus and crosswalk installed. In such a case, the driver of the motor vehicle had a duty of care to prevent the accident and safely drive the motor vehicle by accurately manipulating the steering gate and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and sustained injury to the victim E, who is a passenger of the foregoing C and the damaged vehicle, by negligent negligence while driving in a state where normal driving is difficult due to the influence of alcohol due to the influence of alcohol while under the influence of alcohol, by taking the part on the part on the part of the victim C driving in the signal atmosphere from the front of the Defendant’s vehicle in front of the vehicle, etc., the victim E, who is the passenger of the above C and the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the actual condition survey report and the circumstantial statement of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six to eight years;

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