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(영문) 서울남부지방법원 2017.10.12 2017고단2895
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

The Defendant is a person who is engaged in driving a vehicle B A4.

On May 11, 2017, the Defendant driven the said car under the influence of alcohol level of 0.157% among blood transfusion around 01:00, and proceeded at a speed of about 50 km per hour at a speed of about 50 km from the front side of Yeongdeungpo-gu Seoul Metropolitan Government Quaker Okker, with a two-lane high-speed road in front of Yeongdeungpo-gu Seoul Metropolitan Government C.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents, such as safe driving along the upper right lane of the center line, by accurately manipulating the steering direction, brakes, etc. in a way that well enables the driver of a motor vehicle to take into account the right side of the route.

Nevertheless, the defendant was negligent in driving while normal driving due to the influence of alcohol as above, and due to the negligence of driving the center line, which led to the two lanes opposite to the defendant's two-lanes of the opposite vehicle of the victim D(41 tax). The front portion of the defendant's driving, which led to the left side of the victim D(41 tax), was led to the front portion of the defendant's driving.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim F (F) of the said K5 vehicle, such as loss of scalability of face that requires approximately two weeks of treatment, and injury to the victim G (V, 41 years of age), such as loss of scalability of head obscure part in need of approximately two weeks of treatment, and injury to the victim H (V, 42 years of age) such as loss of scale of scale in need of approximately two weeks of treatment, and driving a motor vehicle under the influence of alcohol, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement on the occurrence of each traffic accident;

1. A survey report on the actual condition of a traffic accident, a report on the detection of a driver at the primary driving, a report on the circumstances of a driver at the primary driving, a black stuff, and a diagnosis report;

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