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(영문) 서울동부지방법원 2017.06.29 2017고단805
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 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 who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 15, 2017, the Defendant driven the said car under the influence of alcohol content of 0.132% during blood transfusions on a normal condition that it is difficult for the Defendant to drive the said car. While driving the four-lanes prior to Songpa-gu Seoul Metropolitan City to a scambing off from the scambing off to the scambing off, and changing the course to the second line, the Defendant was negligent in neglecting the city of drinking if he was under the influence of alcohol, and received the front wheels part of the victim D (the age of 16) driving without registration, who was on the top of the left side of the said car, due to the negligence of neglecting the city of drinking.

As a result, the Defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally, and suffered injury, such as dump dump, tensions, etc., in need of approximately two weeks of medical treatment, and suffered injury, such as 5 weeks of the right dump to the right dump, which requires approximately five weeks of medical treatment to the victim E (16 years of age) who is the passenger of the above dumba.

2. Around January 15, 2017, the Defendant was driving a B-hurbed car under the influence of alcohol concentration of about 0.132% from the 150m section from the underground parking lot in each market to the station in front of the same Gu C-hur market at around 932, as Seoul Songpa-gu, at around 23:10 on January 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A paper of measurement of drinking alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes governing records of drinking alcohol measurement;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) concerning the crime, and Articles 148-2 and 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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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