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(영문) 서울중앙지방법원 2017.10.18 2017고단4281

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a cruise vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 8, 2017, the Defendant deemed 0.166% of alcohol concentration at around 0.164% of the blood alcohol concentration in the Defendant’s blood (the foregoing No. 35 pages investigation report (the above No. dmark application)) as the Defendant’s blood alcohol concentration in the Defendant’s blood content measurement deposit with 0.164% of alcohol concentration in the blood (the Defendant’s blood content measurement deposit without submitting the investigation report as evidence). However, the Prosecutor stated 0.164% of the measured deposit in the indictment in the Defendant’s blood alcohol concentration in the Defendant’s blood content.

The prosecutor is deemed not to have explicitly applied the above dmark formula, and the prosecutor is required to recognize facts as stated in the indictment.

The above vehicle was driven under the influence of alcohol, and the five-lane road of 2736, e.g., the south-gu Seoul Southern-ro, Nam-gu, Seoul, has driven the five-lane road at the intersection of each salary tunnel from the bank of the two countries to the intersection of each salary tunnel, at a speed of about 40km per hour.

A person engaged in driving service shall not drive a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear.

In such a situation, the Defendant neglected this and was negligent in driving a stroke in a state where normal driving is difficult due to the negligence of driving a stroke while under the influence of alcohol as seen above, and was driven by the victim C (V, 50 years old) who was in the atmosphere of the signal at the stroke chief by carrying the victim D (V, 13 years old) with the victim D (V, 13 years old), and received the part behind the stroke part of the said Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in which the victims need to receive two weeks of care due to such occupational negligence and negligence.

2. On May 8, 2017, the Defendant in violation of the Road Traffic Act (driving of alcohol) shall be drunk by 0.164% of alcohol concentration among the blood transfusions around 22:10.