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(영문) 서울남부지방법원 2017.06.29 2017고단1409
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence 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 cruise car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 23, 2017, the Defendant driven the said car in a state that it is difficult to drive the car normally due to the influence of drinking, which reaches 0.167% alcohol level among blood transfusions on 00:10%, and driven the front road of Geumcheon-gu Seoul Metropolitan Government along the two-lane one lane between the two-lanes of bank trees from the long-distance flood protection area of the telephone station to the long-distance width of bank trees.

In such cases, a person engaged in driving service has a duty of care to prevent accidents, such as taking the front side and left side well and accurately manipulating the steering direction, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant had been negligent in driving at the same lane as the occupational negligence in the process of driving at the front of the Defendant’s vehicle while going into the front of the Defendant’s vehicle while driving the E rocketing car of the Victim D(46) in the atmosphere of the signal. The Defendant got the rear part of the Defendant’s vehicle in the front of the Defendant’s vehicle due to its shock, and the Defendant got the rear part of the Victim F (37 years old) driving of the Victim F (37 years old) who was waiting for a signal in front of the other car.

Ultimately, the Defendant driven the pertinent cruise car in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury to the victim D, such as pleatium and tension, which requires approximately two weeks of medical treatment, and the victim F, for about two weeks of medical treatment.

2. Around 00:10 on February 23, 2017, the Defendant: (a) driven a B cruise car under the influence of alcohol leveling 0.167% in alcohol level from the 4-dong model in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu to the front road of Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of each traffic accident in F and D;

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