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(영문) 서울서부지방법원 2016.11.01 2016고단2761
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives Bone Star Motor Vehicle as his duties.

1. Around 00:30 on August 9, 2016, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) driving three lanes from five lanes in front of Mapo-gu Seoul Metropolitan Government, one of the five lanes with blood alcohol concentration of 0.205%, and proceeded toward the distance of the red-fluoring zone from the intersection distance.

At the time, the preceding vehicles stopped in the front door of the vehicle at the time, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system while driving the vehicle as a duty.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes, and caused the following parts of the victim D driving E, which was stopped at the front of the vehicle, to be shocked by the front of the Defendant’s vehicle, and due to this, the said wing and the said vehicle was pushed down in the front of the vehicle, and led the victim FF driver’s G golf vehicle which was parked in the front of the vehicle.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victims, such as salt dump, tensions, etc. in need of medical treatment for about two weeks.

2. Around 00:30 on August 9, 2016, the Defendant driven B Lone Star Vehicle with the blood alcohol concentration of 0.205% at the section of about 1 Km from the French-gu Seoul Western to the insane of Mapo-gu Seoul to approximately 0.1 Km from the French-gu Seoul Western to the front of Mapo-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Traffic accident report (1) and (2), report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs related to accidents;

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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