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(영문) 서울중앙지방법원 2017.06.20 2017고단3158

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:10 on April 3, 2017, the Defendant: (a) driven CTB car in the state of under the influence of alcohol concentration of 0.237% on a four-lane road in front of Jongno-gu Seoul, Jongno-gu, Seoul; (b) driven CTB car in the direction of the intersection of the gate in the direction of the intersection of the gate, and (c) the 4th parallel parallel is driving in the direction of the gate in the direction of the intersection of the gate.

At all times, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by reducing the speed and properly manipulating the steering and brakes to those engaged in driving business.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering direction and operation system under the influence of alcohol, the Defendant got off the right part of the victim D(46) E bus, which was waiting for a signal at one-lane, and received the part above the left part of the Defendant’s driver’s car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered the victim’s salt and tension in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C Tbluri-ri car in the state of alcohol with approximately 0.237% alcohol concentration in blood 0.237% from the Do in the vicinity of the Red Gyeong-in Zone located in 160, Mapo-gu Seoul, Mapo-gu, Seoul, to the roads in front of Jongno-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A written appraisal of alcohol during blood;

1. An investigation report (related to the application of the above dmark formula);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (in cases of causing death or injury to the unconstitutionality of a crime), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Aggravation concurrent crimes;