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(영문) 서울동부지방법원 2017.04.13 2017고단169
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 of B rocketing motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.144% in blood around 21:40, and led the Defendant to drive the said car according to one-lane between the four-lanes in the vicinity of the long history distance in the vicinity of the long historical distance in Songpa-gu Seoul, Songpa-gu, Seoul.

In such cases, the defendant engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to accurately operate the steering wheel and brake system of the motor vehicle and to properly report the steering wheel and safely prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the course of business in which he neglected to drive the electric-time zone while making it difficult for the Defendant to drive the steering gear and brakes properly, caused the Defendant’s injury to the victim E (the 37 years old), who is the passenger of the said rocketing taxi, driving by the victim C (the 57 years old) who was operating the said vehicle in the front line of the signal signal at the same direction as that of the said car operated by the Defendant, by shocking the back part of the said rocketing taxi driven by the Defendant into the front part of the said rocketing taxi that the Defendant driven, thereby requiring approximately 2 weeks medical treatment, and suffered from the injury of the victim E (the 37 years old), who is the passenger of the said rocketing taxi, for about 3 weeks medical treatment.

2. On November 22, 2016, the Defendant was under the influence of alcohol level of 0.144% during blood transfusion around 21:40 on November 22, 2016, the Defendant driven the said Brocketing car from the flood zone front of the flood zone Dongcheon-dong Subdivision to the road near the 6th historical distance in Songpa-gu Seoul, Songpa-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on occurrence of a traffic accident prepared C;

1. A survey report on actual conditions;

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