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(영문) 서울서부지방법원 2016.11.15 2016고단2882

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a D-Wz car on August 16, 2016, the Defendant tried to change the lane from the two lanes to the Hannam distance from the model apartment to the Hannam distance from the model apartment, while driving the D-Wz car on August 16, 2016 to the 85 KEB as Seoul Yongsan-gu Reading but the three lanes from the front side of the bank prior to the model apartment.

At night at the time, and on the two-lanes, the F AF car driven by the victim E was in progress. In such a case, the defendant, who drives a motor vehicle as his duties, had a duty of care to see the right and the right and the right and the right and the right and the right and duty of care to operate the motor vehicle in a safe manner by accurately manipulating the steering and brakes, but the defendant, while he was under the influence of blood alcohol concentration of 0.186%, was negligent in changing the vehicle line into two-lanes in a state where normal driving is impossible due to influence of alcohol, such as a red and irregular distance, and received the main part of the victim's car operation.

As a result, the Defendant caused the victim by negligence in the course of business to suffer injury, such as dynasium, which requires treatment for about two weeks.

2. While the Defendant was under the influence of alcohol at a level of 0.186% of blood alcohol level at a time as set forth in the above paragraph (1) of the Road Traffic Act, the Defendant driven the said benz car at the section of about 1.2 km from Seongdong-gu Seoul, Seongdong-gu Reading-ro 39-gil 22, to the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Control note, report on detection of a driver, circumstantial statement of a driver, and statement in the occurrence of a traffic accident;

1. As to the report on internal accidents (as to the application of the Madmark):

1. A written opinion and a medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs and accident video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime