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(영문) 서울서부지방법원 2016.10.18 2016고단2774
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving CM5 automobiles in the state of alcohol 0.175% of blood alcohol concentration at the two lanes in front of Mapo-gu Seoul, Seoul, while driving CM5 automobiles, and driving them in the direction of the Hewon basin at the distance of the teleficial distance.

At the time, the preceding vehicles stopped in the front door of the Defendant’s vehicle, so in such a case, the Defendant, who is engaged in driving the vehicle, has a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear while driving the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes at the front of the Defendant’s vehicle, and caused a panion to the victim’s Eknife drive, which was stopped at the front of the vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, thereby causing injury to the victim, such as salt, tensions, etc. in light of the trend that requires treatment for about two weeks, injury to the victim F, who is the passenger of the victimized vehicle (hereinafter “G” in the indictment), such as salt, tensions, etc. in need of treatment for about two weeks, and injury to the victim H, who is the same passenger, such as salt, tensions, etc. in need of treatment for about two weeks, and injury to the victim I, who is the same passenger, was inflicted on the victim, such injury as chills, tensions, etc. in need of treatment for about two weeks.

2. Around 01:00 on August 21, 2016, the Defendant was driving CM5 cars while under the influence of alcohol of about 0.175% with a blood alcohol concentration of about 500 meters from the Dongwon-dong of Mapo-gu Seoul to the front road of Mapo-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report, a report on detection of a drinking driver, and a drinking driver;

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