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(영문) 서울중앙지방법원 2016.12.21 2016고단7410

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 01:10 on September 9, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.259%, and the Defendant was driving D self-purd motor vehicle on the front side of Gangnam-gu Seoul, Gangnam-gu, Seoul, to proceed from the backside of the river basin to the south of the river basin.

At the time, the Defendant: (a) took a walk of a road; (b) taken a walk of the road; (c) taken a walk of the road; (d) taken a walk of the road to the extent of shocking with red and snow condition so that she could not properly look at the front side and the right and the right of the road; (c) did not properly operate the steering wheel or brakes; and (d) proceeded with the said vehicle without being able to drive the steering wheel or the crosswalk; (d) while driving the vehicle with the signal or the crosswalk, the Defendant took the front side of the said vehicle and used the victim E, who was normally walking pursuant to the pedestrian signals on the crosswalk inside the said vehicle front; and (e) took the front side of the said vehicle, the victim E, who was normally walking pursuant to the pedestrian signals, took the front side of the said vehicle and took the front door of the said vehicle.

As a result, the defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of alcohol, and caused the victim E to suffer the injury such as the alley of the body body in the left-hand body which requires a medical treatment for about four months, and caused the victim F to suffer the injury to the left-hand body that requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. A traffic accident report;

1. Report on the circumstantial statements of a drinking driver, records on the results of drinking measurement, and notification of the results of the crackdown on drinking driving;

1. Investigation report (related to the statement of the shote);

1. Photographs of a harming vehicle, a photo at the scene of an accident, a black stuff image, and CCTV of the Korean Intellectual Property Office;

1. Investigation report (victim E-party verification report);

1. Application of Acts and subordinate statutes, such as a medical certificate (F), each medical certificate (E), and each medical opinion (E);

1. Relevant Articles 148-2 (2) 1 and 44 of the Road Traffic Act concerning the facts constituting the crime;