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(영문) 서울남부지방법원 2018.01.18 2017고단5035
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a person who is engaged in driving a car Bsch Rex ES350.

On August 16, 2017, the Defendant driven the said car while under the influence of alcohol 0.149 square meters during blood transfusions at around 20:20, while driving the said car and driving the said car at one-lane of the two-lanes in front of the 20th two parallels of the Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant: (a) was negligent in the course of business, which does not see the front and the right and the right and the right and the right and the right and the right and the driving of the victim C (47 years old) (39 years old) who stopped in the front, and got the back part of the victim E (39 years old in front of the 20th two parallels of the 39 years old-gu, Yangcheon-gu, Seoul.

As a result, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered a climatic salt and a tension that requires two-day medical treatment to the victim C due to the foregoing accident, such as light climatic salt, which requires approximately three-day medical treatment to the victim E, and light crouds and tensions, which require approximately two-day medical treatment to the victim G (V, 38 years old) who is the passenger of the above cump, and suffered from the same H (V, 56 years old), respectively, for about two-day climatics and tensions in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes, such as a set of medical treatment, details of medical treatment, certificate of medical examination and treatment, copy of medical record, certificate of traffic accident report (1) (2), on-site photographs of each accident, certificate of drinking measurement, report on the circumstances of the driver in charge, photograph and written diagnosis

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) 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 Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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