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(영문) 서울남부지방법원 2017.03.16 2016고단5613
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for nine 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. The Defendant is a person who is engaged in driving a motor vehicle B in high-priced car.

around 20:20 on October 11, 2016, the Defendant, while under the influence of 0.242% alcohol level in the blood, driven the said vehicle, and driven the said vehicle along five-lanes into the calendar of Yangcheon Confucian School in the New Fire Prevention Station.

In this case, there was a duty of care to prevent accidents by safely manipulating the steering and steering gear to the driver.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the victim D (the victim D, the 35 years of age), who driven the vehicle in the front of the direction of the defendant's course, by taking the back part of the ESM 5 vehicle in the front part of the said vehicle in front of the above high-speed typ, and suffered injury to the victim F (the victim F, the 58 years of age), who took advantage of the victim's vehicle in need of treatment for about two weeks, for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with approximately KRW 500 meters B from the front of a restaurant in which the trade name in the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone is unknown, while under the influence of alcohol level of 0.242% during the temporary border blood, such as that set forth in paragraph 1 to the front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and F;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing death or injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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