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(영문) 서울중앙지방법원 2017.08.23 2017고단4507
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in the duty of driving BM5 automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 31, 2017, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.269% in light of around 07:35 on March 31, 2017, while normal operation is impossible due to the influence of alcohol, and led the Defendant to proceed in front of Gangnam-gu Seoul Metropolitan Government (Seoul), from the surface of the shooting distance in Gangnam-gu, Seoul.

In such cases, a person 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 drinking, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

However, the Defendant neglected to do so, while driving the E-thro-rayed vehicle in the same direction, which was driven by the victim D (5 years, south) who was driving ahead of the same direction, but was stopped by the signal of stop, and was unable to detect it, and led the part behind the victim driver's vehicle to the front part of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim D of the damaged vehicle due to such occupational negligence, such as salt d in the catus requiring two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the above BM5 vehicle volume at approximately 0.269% while under the influence of alcohol from around 500 meters from the Gangnam-gu Manam Street to the front of Gangnam-gu, Seoul at the time of the day referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A survey report on actual conditions;

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

1. A written appraisal of alcohol during blood;

1. Investigation report (the above dmarked cases);

1. Application of Acts and subordinate statutes (D);

1. Relevant provisions of the Act concerning facts constituting an offense;

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