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(영문) 서울남부지방법원 2017.04.27 2017고단471
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On November 4, 2013, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving), and on November 6, 2013, the Seoul Northern District Court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court.

[Criminal Facts]

1. The Defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 8, 2017, the Defendant driven the above car at around 15:05, and driven the three-lane road of the 22-lane as the National Assembly of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, at the 22-lane level, along the two-lanes from the right side of the roadway to the right side of the roadway.

Since there are many roads, the driver of the vehicle has a duty of care to drive the vehicle safely by thoroughly performing the duty of care.

Nevertheless, the Defendant, under the influence of alcohol concentration of 0.278% in blood, was able to drive a motor vehicle normally due to the influence of alcohol by negligence while driving the motor vehicle at the front section of the victim C (47 years old) who driven the motor vehicle due to negligence, and the part behind the DKan car driven by the Defendant was shocked by the front part of the motor vehicle of the Defendant.

As a result, the Defendant suffered from the Defendant’s injury to the Defendant’s base and tension, which requires approximately three weeks of medical treatment by negligence on the part of the Defendant.

2. Although Defendant 1 had been subject to punishment twice due to drinking driving as above, Defendant 2 driven the above-learning car under the influence of alcohol level of about 0.278% from the 5km section from the e-mail apartment parking lot in Mapo-gu Seoul Metropolitan Government World Cup to the accident place in paragraph 1 on the same date as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A fact-finding survey report, a photograph related to a traffic accident, an accident scene photograph;

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