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(영문) 서울동부지방법원 2017.05.31 2017고단803
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of 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 02:10 on February 23, 2017, the Defendant was driving B K5 cars under the influence of alcohol content of approximately 0.108% from the cafeteria cafeteria cafeteria Corresponding parking lot located in Songpa-gu Seoul Metropolitan City, Songpa-gu to the third Do resident service center located in Songpa-gu, Seoul to the 3 Do resident service center located in Songpa-gu.

2. The Defendant is a person engaging in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.108% among blood transfusions on February 23, 2017, and led to two-lanes along the three-lane roads in front of the 3 Dong community service center located in Songpa-gu Seoul Metropolitan Office 3 Dongdong community service center located in Songpa-gu Seoul.

A person who is engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as accurately manipulating the steering gear, brake system, etc. by checking well the left and right of the front side.

Nevertheless, the Defendant neglected this and neglected to drive under the influence of alcohol while driving normally due to the influence of alcohol, and led the victim C(46 tax) who was under the influence of the signal waiting at the front of the mast and the signal waiting at the signal waiting, and the back part of the Rasta car driven by the Defendant was shocked with the front part of the Defendant’s car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and inflicted an injury on the victim, such as light dump, tension, etc. in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A ledger for measurement of drinking alcohol;

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, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Article 37 of the Criminal Act aggravated concurrent crimes.

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