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(영문) 서울동부지방법원 2017.11.22 2017고단2351
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

The defendant is a person who is engaged in driving a Crane car.

1. Around 19:05 on May 5, 2017, the Defendant driven the said vehicle while under the influence of alcohol of about 0.173% of alcohol content from the front of the “E” food store located in Gangdong-gu Seoul Metropolitan Government D to the front road of Gangdong-gu Seoul Metropolitan Government.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) led the front side road of Gangdong-gu Seoul Metropolitan Government F in the mouth of Gangdong-gu to the non-speed speed of the sexual middle school from the mouth of Gangdong-gu.

In such a case, a driver of a motor vehicle has a duty of care to safely drive the bicycle and pedestrians in the vicinity to prevent the accident in advance by safely driving the bicycle and pedestrians, such as accurately operating the steering system and steering system, etc., on the right side of the defendant's car.

Nevertheless, as in paragraph 1, the Defendant neglected to do so in a drunken state and proceeded as is, while driving a bicycle running on the right side of the Defendant’s car in close vicinity to the bicycle operated by the injured party, and the injured party who has lost its center (the changed charge part) exceeded the road.

As above, Defendant 1 driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a climatic scam, which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G testimony;

1. CCTV images;

1. Application of the law of evidence Nos. 1 to 3 (each photograph) to Defendant 1

1. Penalty provision - Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-22 and 44-1 of the Road Traffic Act - Selection of imprisonment, respectively;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act, such as the observation of protection;

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