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(영문) 서울동부지방법원 2017.04.20 2017고단214
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 17, 2016, the Defendant driven a car at around 03:25, BWz E300, and led the Defendant to proceed to the direction of transition from the middle intersection of ditches to the middle intersection, the four-lane ahead of the Seoul mid-ro 146 “China District Zone”.

In such a case, a person engaged in driving service shall not drive a vehicle in a state where normal driving is difficult due to influence of alcohol, and even though there was a duty of care to prevent accidents in advance by accurately operating the steering side, the steering side, and the road system, and by safely operating the steering gear and the steering gear, the Defendant was under the influence of alcohol while driving the vehicle in a state where normal driving is difficult due to the influence of alcohol due to the influence of alcohol due to the influence of alcohol. The Defendant was under the influence of driving the vehicle in a state where normal driving is difficult due to the influence of alcohol, and the Defendant was under the influence of the vehicle in the front direction of the Defendant.

As a result, the Defendant suffered from the above occupational negligence the following bridges and other bridges in need of treatment for about two weeks.

2. The Defendant driven a benz E300 vehicle under the influence of alcohol content of approximately 0.188% at the section of about 10km from the Seoul Jung-gu to the 146-lane, Jung-gu, Jung-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the detection of a driver engaged in driving, a report on the detection of a driver engaged in driving and a report on the circumstances of

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

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) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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