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(영문) 서울중앙지방법원 2017.01.11 2016고단8506
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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. Around September 13, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was under the influence of 0.163% of alcohol content in blood in the middle-gu Seoul, Jung-gu, Seoul. Around September 13, 2016, the Defendant driven a Crash car and a car with a speed of about 50km in the speed according to one lane from the basin of a medicinal basin to the open area.

In this case, the driver of the vehicle has a duty of care to properly manipulate the brakes and prevent accidents in advance by properly manipulating the brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and was driven by the victim D(53) who was in the atmosphere of the same lane, and was driven by the Defendant in the front part of the foregoing vehicle that the Defendant driven.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and the Defendant suffered from the Defendant’s share in the crypitis which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle C with a alcohol level of about 0.163%, while under the influence of alcohol at a section of about 1km from the front side of the Geum-gu Seoul Jung-gu, Seoul to the front side of the Seoul Jung-gu, Jung-gu, Seoul, the Defendant driven a vehicle C with a car with a alcohol level of 0.163%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. A written appraisal of alcohol among bloods;

1. Application of Acts and subordinate statutes to a investigative report (the result of blood collection and the result of the said dmark official application);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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