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(영문) 서울서부지방법원 2017.02.02 2016고단3881
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

[criminal history] On November 3, 201, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violation of road traffic laws, a summary order of KRW 2 million from the same court on March 30, 2012 to a fine of KRW 2 million for the same crime, and a summary order of KRW 5 million from the Seoul Central District Court on July 10, 201 to a fine of KRW 1.5 million for the same crime.

[Criminal facts] The Defendant is a person engaging in driving a vehicle QM3.

On November 28, 2016, the Defendant driven the said car under the influence of alcohol level of 0.111% among blood transfusion around 22:40 on November 28, 2016, while driving the said car at a low speed of 0.11%, and driving the four-lane road in front of Yongsan-gu Seoul Metropolitan Government, Seoul at a visible speed from the side of each region to the mountain basin.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and was under the influence of alcohol and was under the influence of alcohol and was under the influence of the Defendant’s vehicle, and was under the influence of the Defendant’s vehicle driven by the Victim E (42 tax) which was driven by the Defendant for signal waiting at the bend of the bend.

As a result, the Defendant driven the said QM3 car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as light dump, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Statement of opinion;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving skills under drinking not less than twice);

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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