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(영문) 서울서부지방법원 2017.11.30 2017고단2714
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 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 engaging in driving a motor vehicle BV in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 1, 2017, the Defendant driven the above car at around 23:00 and proceeded with two lanes of alcohol concentration at 0.197% in blood while under the influence of alcohol in the blood, and the two lanes in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, at the south of North Korea, from the south of North Korea.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering direction and brake system well by reporting the traffic situation on the front side.

Nevertheless, the Defendant, under the influence of drinking alcohol, driven the said car in a state where normal driving is difficult, such as influorous and red coloring, and collisions between the two-lane left-hand side and the two-lane left-hand side of the said vehicle, and then collisions with the victim D(28 ) who was waiting in the atmosphere in the two-lanes of the same direction, into the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim D, such as chills, tensions, etc. in need of a three-day medical treatment, and the victim F (29 years old) who is the seat of the damaged vehicle, by causing about three-day medical treatment to the victim F (29 years old).

2. Around the day specified in paragraph 1, the Defendant driven a BN model while under the influence of alcohol content of about 0.197% from the 1km-ro, Yongsan-gu, Yongsan-gu, Seoul to the front road of Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Act concerning facts constituting an offense;

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