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(영문) 서울동부지방법원 2016.10.13 2016고단2560
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant was a person engaged in driving a B-to-purd passenger vehicle on July 15, 2016, and driven the front road of Gwangjin-gu Seoul Special Metropolitan City into a two-lane radius from the A-to-cur basin of the A-cur basin, while under the influence of alcohol content 0.177% on July 15, 2016.

In such a case, although a person engaged in driving duty has a duty of care to prevent accidents in advance by accurately operating the steering gear and operating the steering wheel and brakes accurately, the defendant, while under the influence of alcohol, entered a bus-only lane to the left-hand side by entering the bus-only lane and driving the bus d(41) with the driver's d(the age of 41) who has driven the bus-only lane.

Ultimately, the Defendant, as seen above, driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim F, who is the passenger on board the damaged vehicle, such as dump dump dump, etc. requiring a two-day medical treatment for about seven weeks, and suffered injury to the victim F, who is the passenger on board the damaged vehicle, such as the left dump dump dump dump dump, etc. requiring a seven-day medical treatment, and suffered injury to the victim G (the victim, who is aged 28), such as dump dump dump and tension, requiring a two-day medical treatment for about two weeks.

2. The Defendant, at the time and time set forth in the preceding paragraph, driven a vehicle of 0.177% of blood alcohol concentration at the section of about 5 km from the front of the Seongdong-gu Seoul Metropolitan Government Seongbuk-gu's Sungdong-dong Subdivision to the front road of Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D, H and F;

1. Investigation report on the actual condition of traffic accidents, records on drinking measuring instruments, and report on the actual condition of a drinking driver;

1.The investigation report (the application of the FE mark);

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