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(영문) 서울서부지방법원 2017.11.23 2017고단2737
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 rocketing car.

1. Around 23:20 on July 17, 2017, the Defendant driven the said rocketing car under the influence of alcohol content of 0.133% at a section of approximately 2.5 km from the front of Eunpyeong-gu Seoul Metropolitan Government C, to the calendar village 119 safety center located in the 80-ro, Eunpyeong-gu, Seoul.

2. On July 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said rocketing car with a alcohol content of 0.133% in the blood of around 23:20, while under the influence of alcohol on July 17, 2017, and led the 119 safety center prior to the calendar village 80-ro of Eunpyeong-gu Seoul Metropolitan City to the remote distance of the old mountain, the Defendant driven the said rocketing car at an indefinite speed.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to care in advance by accurately manipulating the steering gear and brakes and to prevent accidents.

Nevertheless, the Defendant neglected to do so, as in paragraph 1, and neglected to do so, and was under the influence of alcohol, due to the negligence of the victim D ( South, 49 years old) who was stopping at the rear of the said rocketing vehicle, and was placed in the front part of the Kafa car operated by the Defendant.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim by negligence in the course of business to suffer injury, such as salt, tension, etc. of the trend requiring approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Statement of the circumstances of the driver who is placed in driving, report of the situation of the driver who is placed in driving, and inquiry into the results of regulating drinking;

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

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and the aggravated punishment for specific crimes.

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