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(영문) 서울동부지방법원 2016.12.22 2016고단3566
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving Burstom car.

On October 14, 2016, the Defendant driven the said car under the influence of alcohol of 0.206% with a blood alcohol concentration of 00:30% 0.206% on October 14, 2016, and proceeded from the south of the Olympic Park to the south of the Olympic Park, the 4th parallel of the 424 Olympic Park in Songpa-gu, Seoul.

Since signals, etc. are installed at the front of that place, there was a blind distance, there was a duty of care to prevent accidents in advance by driving safely in accordance with the new subparagraph, such as reducing speed for persons engaged in driving a motor vehicle and driving a motor vehicle well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle on the right-hand part of the vehicle operated by the Defendant, which was driven by the victim C(the age of 40) who was stopped by red signal at the front side of the same lane while neglecting the front-hand part of the vehicle.

Ultimately, 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 suffered injury, such as climatic salt, which requires treatment for about two weeks.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the Korea Sports University located in 1239 as both Songpa-gu Seoul and the place indicated in paragraph 1 to the place indicated in paragraph 1, with a blood alcohol concentration of about 0.206% under the influence of alcohol at approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident investigation report, a report on the actual state of a driving driver, a drinking measuring instrument, a photograph of the driver, and a photograph of the accident vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.

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