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(영문) 서울남부지방법원 2017.01.19 2016고단5330
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. Around 00:15 September 25, 2016, the Defendant driven a Chive-p motor vehicle under the influence of alcohol content of about 0.120% from the 1 kilometer of the Yangcheon Confucian School Station located in Gyeyang-dong, Gangseo-gu, Seoul to the roads in front of Gangseo-gu, Seoul.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle with soflurd C.

On September 25, 2016, the Defendant driven the above car at around 00:15, and was under the influence of alcohol concentration of 0.120% in blood, the Defendant driven the front road of Gangseo-gu Seoul Metropolitan Government B along the two-lanes of the two-lanes of the fire shooting distance from the boundary of the Hancheon Confucian School, Yangcheon-do.

At the time, there is a night and a signal at a place, so that the driver of the motor vehicle is in front of the intersection where the signal is installed, so the driver of the motor vehicle has a duty of care to safely drive the front door, the left and left well, and to prevent the accident from being driven in advance and to stop driving the motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to do so and did not properly examine whether there is a vehicle waiting in the signal signal at the front side while under influence of alcohol, and driven by the victim D(56) who is waiting in the signal at the two-lanes in the front side of the road in the victim E(55). The back part of the F cab boarding the victim E(55) was the front part of the Defendant’s passenger car, and received the front part of the H cab driving by the Defendant’s passenger G (56 years old) who is waiting in the signal at the three-lanes of the front side.

Ultimately, the Defendant driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, and inflicted injury on the victim D such as salt, tension, etc. in need of a three-day medical treatment, and the victim G for about two weeks’ medical treatment.

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