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(영문) 서울중앙지방법원 2017.05.16 2017고단617

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. Around November 23:47, 2016, the Defendant was under the influence of alcohol by 0.125% from the 400-meter section from the 400-meter section to the front road of the Seoul Gangnam-gu G G building, both of which are in the influence of alcohol.

2. Defendant 1, as seen above, driven the said car in a state of difficulty in normal driving, such as under the influence of alcohol at the time of the above day, driving the said car at a narrow distance, and driving the said car at a four-lane road in front of the said G building in the direction of the distance between Seoul Customs Office and Akk for an Akk for a four-lane.

At the time, there are many vehicles that are night and passing, so the driver of the vehicle has a duty of care to thoroughly operate the steering time on the front side, accurately operate the steering and steering devices, and safely proceed by adjusting the speed in advance.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim I (son, 71 years old) who was making a temporary stop in front of the running direction of the Defendant, due to negligence while neglecting this, and was driven by the Defendant in front of the direction of the vehicle of the Defendant.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the foregoing occupational negligence, caused damage to the Defendant’s fluoral fluoral fluor, which requires the Defendant to wear assistive devices for about three months.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A survey report on actual conditions;

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

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

1. Article 148-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes.