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(영문) 서울중앙지방법원 2017.10.31 2017고단6621
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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 August 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car from B Aunder the influence of alcohol concentration of 0.167% in blood while driving the car at the speed of 0.167% in the vicinity of the national flag distance located in 120, Gangnam-gu Seoul, Seoul, with the speed of 20km in the direction of the national flag distance.

At the time, there was an intersection where signal lights are installed at night and at the front door, so there was a duty of care to prevent accidents in advance by properly manipulating the front door and the left door and the right and the right and the right of the driver of the motor vehicle, and properly manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was driven by the victim C(58) who was waiting in the signal waiting at the front of the Defendant’s vehicle due to the negligence of not operating the brakes properly.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. Around 02:50 on August 25, 2017, the Defendant was under the influence of alcohol with approximately 800 meters alcohol concentration at approximately 0.167% on the part of the blood while driving a B-Ad-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-O

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on traffic accidents and a survey report on actual condition;

1. Investigation report (report on the situation of the driver in charge); and

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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