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(영문) 서울서부지방법원 2016.10.04 2016고단2307
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. Around 00:27 July 16, 2016, the Defendant was driving a D self-furged vehicle with a distance of about 500 meters from the front of the “furged fish” to the front road of Mapo-gu Seoul, Mapo-gu, Seoul, while under the influence of alcohol by 0.096% with a blood alcohol concentration of 0.096%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) is a person engaged in driving a motor vehicle.

The Defendant, while under the influence of alcohol concentration of 0.096% at the time of paragraph (1), driven the said car, and driven the three-lane road in front of Mapo-gu Seoul Metropolitan Government, at a speed of about 40 km per hour from the public morality basin to the public interest basin.

Since the F SP car driven by the victim E was a stop according to the red stop signal at the time, the driver of the vehicle had a duty of care to prevent the accident by properly manipulating and safely driving the steering gear, brakes, etc. of the vehicle, while the driver of the vehicle had a duty of care to prevent the accident by driving the vehicle.

Nevertheless, even though it is difficult for the Defendant to drive a motor vehicle normally due to alcohol, the Defendant was negligent in driving the motor vehicle behind the motor vehicle in front of the Defendant’s driving motor vehicle without properly examining the front side.

As a result, the defendant suffered from the injury of the above victim, such as salt chills, tensions, etc., which require approximately two weeks of medical treatment by negligence while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Part of the defendant's legal statement (as to driving a sound driving)

1. Police suspect interrogation protocol of the accused;

1. Statement of circumstances, ledger of use of a drinking measuring instrument, report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. The blood alcohol concentration at the time when the suspect was involved in the investigation report;

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