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(영문) 서울남부지방법원 2017.03.02 2016고단5611
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 driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At around 00:00 on August 11, 2016, the Defendant was under the influence of alcohol of 0.223% in front of the D charging station located in Gangseo-gu Seoul Metropolitan Government, and the Defendant was driving the said vehicle along the one lane in the direction of a erost high distance from the erost distance, while driving the said vehicle.

In this case, the driver of the vehicle has a duty of care to take the front side and left side and safely manipulate the steering gear and prevent the accident.

Nevertheless, the Defendant neglected this and caused the victim E (27) who temporarily stopped in accordance with the stop signals prior to the direction of the Defendant’s driving by negligence while driving a vehicle while normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc., which requires approximately four weeks of medical treatment.

2. The Defendant, while under the influence of alcohol concentration of 0.223% during the day-to-day border, as described in paragraph 1, driven a d charging vehicle with approximately 4 km from the front of the Seoul Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government Office to the front of the D charging station located in the same Gu C from the day of the Seoul Gangseo-gu Office to the front of the D charging station located in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a certificate of confirmation on drinking alcohol measurement, a statement on the circumstances of drivers of alcoholic beverages and a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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