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(영문) 서울중앙지방법원 2017.05.31 2017고단1008
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 of Bone Star Co., Ltd.

On January 15, 2017, when the Defendant was under the influence of alcohol 0.169% during blood transfusion, the Defendant driven the said passenger vehicle at the influence of alcohol 0.169%, and was proceeding from the backside of the entrance of the sublim, to the backside, and the bridge part of the victim C (46 years of age) walking along the crosswalk in accordance with the new name on the left side from the right side of the running direction, was shocked by the front part of the Defendant’s driver’s her driver’s seat.

As a result, the Defendant suffered injury, such as the outer side of the left-hand slots and the alley in need of approximately 10 weeks of medical treatment due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

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

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The sentencing criteria [the scope of recommended punishment] the category 1 (the injury caused by a traffic accident) in general traffic accidents (the person subject to special mitigation) [the person subject to special mitigation] in the area subject to punishment (including the person subject to serious efforts to recover from damage) / driving under influence, etc. where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching, is serious, or the case of a climatic driving;

2. The fact that the victim is not subject to punishment due to agreement with the victim who was sentenced to punishment is more favorable, and the fact that the victim inflicted a bodily injury on the pedestrian in the crosswalk while driving alcohol by shocking the pedestrian in the crosswalk, and the drinking volume is more significant.

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