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(영문) 서울중앙지방법원 2017.12.06 2017고단7170

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 16, 2017, the Defendant driven the said car while under the influence of alcohol 0.142% during blood transfusion 03:28 on September 16, 2017, and driven the two-lane road of 7:00 in front of Seoul, Gangnam-gu, Seoul, along one-lane distance from the shooting distance of the Seoul Samsung Hospital to the Cheong Station.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by safely operating the steering gear and steering the steering gear in a correct manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in a state where normal driving is difficult, such as a string, red, and gallebing, while driving in a state where normal driving is difficult, and due to the negligence of the Defendant’s vehicle C (57 years old) driven by the victim C (57 years old) who stopped in accordance with the new subparagraph on the front line of the Defendant’s driving direction, and received the part of the Defendant’s vehicle in the front part

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

2. On the same day as described in the preceding paragraph, the Defendant driven the above BM3 vehicle while under the influence of alcohol content of about 0.142% from the 10-meter section of the blood alcohol to the front road of the 100-meter radius from the 1110-lane 7 apartment of war in Gangnam-gu, Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. A report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Report of investigation (the above rare application);

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.