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(영문) 서울동부지방법원 2017.11.23 2017고단2590
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

The Defendant is a person engaged in driving a vehicle for SM5 getting on board.

On April 23, 2017, at around 01:08, the Defendant driven two lanes prior to D in Gangdong-gu Seoul Metropolitan Government, with alcohol concentration of 0.183% under the influence of alcohol during blood, and tried to turn to the left at the edge of the alley-dong Ambrogate.

At that time, night and the center line is marked as yellow solid lines, so in such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, but shall not turn to the left at the edge of the runway-dong, by breaking the center line, and there was a duty of care to safely drive the motor vehicle so as not to impede the traffic of other motor vehicles by properly examining the front and rear left and right.

Nevertheless, the Defendant neglected to drive the taxi while driving the taxi in a state of difficulty due to the influence of alcohol, and did not discover the taxi for the Eststyna business in the opposite line while left the left at the center of the runway, and caused the injury to the victim F (V) of the taxi driver by taking the string of the said taxi into front of the passenger car of the Defendant and taking the string to the victim F (V) of the taxi driver, for about two weeks of treatment, such as chills and tensions, and suffered injury to the victim G of the said taxi (V, 29 years of age) for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Whether drinking alcohol is measured;

1. Statement of the circumstances of the driver involved in driving;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

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