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(영문) 서울중앙지방법원 2018.01.31 2016고단8377

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

1. Defendant A

A. On August 15, 2015, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), driven EN-si at a point of 82.6 km in the direction of the printing intersection in the name of the Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon.

At the time, the Defendant changed the course to the right exit of the Plaintiff F.F.(34 years old), a victim F.F. (34 years old), a normal driving of the vehicle, under the influence of alcohol to the extent of driving, while under the influence of alcohol, the Defendant was unable to properly see the front section and the left and right of the vehicle, and was unable to properly manipulate the steering system and brakes of the vehicle. The Defendant changed the course to the right exit. The lower part of the Victim F.F.(34 years old)’s G Saturdays car was in the front direction of the No.N. car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, thereby causing the injury of the victim F, such as salt, tensions, etc., which requires a two-day medical treatment, and the injury of the victim H (the age of 27) who is the passenger of the said Saturdays car, to approximately 4 days of treatment.

B. On August 15, 2015, from around 23:38 to August 16, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking test) was an witness who reported the fact of driving under the influence of alcohol by the Defendant as stated in the preceding paragraph at the net local hospital located in Seocheon-do, Gyeonggi-do, and from August 16, 2015. In addition, the Defendant was under the influence of alcohol at the time of driving, such as the Defendant’s walking state with a strong distance and the blood color of the Defendant’s walked.

A police officer is required to take a breath test on three occasions due to reasonable grounds to determine a person, but the police officer refused to take a breath test without justifiable grounds and did not comply with the test.

2. On August 15, 2015, Defendant B, along with Defendant A around 22:15 on August 15, 2015, performed alcoholic beverages at the staff house located in the Gyeonggi-do Kimpo-si.