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(영문) 서울서부지방법원 2017.06.29 2017고단999
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. On March 7, 2017, the Defendant: (a) driven a C Lastren car under the influence of alcohol of about 0.126% of alcohol concentration in the 24km section from the 47rd-ro, Seodong-gu, Seodae-gu, Seoul to the front road of Seodaemun-gu, Seoul, Seomun-gu, Seoul at a high speed of around 21:18.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driven at the time and place specified in paragraph (1), with a alcohol concentration of 0.126% in blood at the same time and with a view to having difficulty in driving normally, such as the distance between walking and walking, while driving the said vehicle on a three-lane road in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and parked in the signal line at the seat of the hotel with a shooting distance.

At the time, the signal waiting vehicle was stopped on the front side of the defendant's running direction, so in such a case, as a person engaged in driving service, he had a duty of care to accurately manipulate the brake system and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(46) who was parked in the signal atmosphere from the front bank due to negligence of not operating the brake system properly, and was driven by the victim D(46) which was driven by the Defendant as the front driver of the vehicle of the Defendant.

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, such as salt pans, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

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

1. A medical certificate;

1. Application of Acts and subordinate statutes of internal investigation reports (the application of the said d mark);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 (2) 2 of the Road Traffic Act.

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