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(영문) 서울서부지방법원 2018.03.29 2017고단4016
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. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On August 11, 2017, the Defendant driven the said car under the influence of alcohol level of 0.144% during alcohol level from around 04:20 on August 11, 2017, and led to a five-lane road of 8-lane 5 in Mapo-gu Seoul, Mapo-gu, Seoul, to drive at an insular speed along the five-lane in the direction of red large-scale zone.

In such a case, a person engaged in driving duties has a duty of care to reduce speed and safely proceed according to traffic conditions by accurately operating the steering and brake system before, after, after, after and after the driving of a motor vehicle.

Nevertheless, the Defendant neglected to drive normally due to influence of drinking, such as influoring red, and neglected to do so in the situation where normal operation is difficult due to influence of drinking, and collisioned with the part of the Defendant’s front panion of the Victim C Driving, which was stopped at the same lane on the front side of the same lane.

As above, the Defendant suffered injury to the victim, such as light salt, which requires approximately two weeks of medical treatment, due to occupational negligence, while driving normally difficult due to influence of alcohol.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol concentration of 0.144% during blood, from the influent land near Mapo-gu Seoul Metropolitan Government, to the 8-lane 5-lane o-ro, both of which are the same as that of the 8-lane o.e., the day indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Traffic accident report (survey report on actual condition), inquiry report on the results of regulating drinking driving, investigation report (with respect to the causes of black stuffs, images and accidents), and 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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