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(영문) 서울중앙지방법원 2016.12.14 2016고단7682
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On August 27, 2016, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 0.198% alcohol concentration from the 4km section of approximately 4km from Yongsan-gu Seoul, Jung-gu, Seoul to the 22nd roads of Bocheon-ro 60-ro, Yongsan-gu, Seoul, to the road inside the tunnel No. 59 Namsan2.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said car in a state where normal driving is difficult under the influence of alcohol due to the foregoing temporary landscape, and drive the said car at a speed of a fluorous speed from the ethical slope of the tunnel No. 2 to the ethic

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the injured party C (Nam, 74 years old) who was driven by the central line due to the negligent negligence, received the top part of the top part in front of the upper right side of the Defendant.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the foregoing occupational negligence, suffered injury to the victim, such as the hand, hand, and the open hand, which require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. 교통사고보고⑴⑵

1. A report on the actual state of the driver;

1. Investigation report (it shall be applied in the form of the Madmark);

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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