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(영문) 서울중앙지방법원 2017.07.19 2017고단3579
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

1. Around April 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), around 00:45, the Defendant driven a five-lane road in front of the Hyundai Motor in Seocho-gu Seoul Special Metropolitan City, Seoul, with a alcohol concentration of 0.166% in blood, while under the influence of alcohol during blood, and proceeded at a speed that would not be known by four-lanes in the direction of the audience towards the direction of Gangnam.

At the time, there was an intersection where signal lights are installed at night and at the front, so there was a duty of care to safely drive a motor vehicle driver in accordance with the signals by reducing speed and checking the right and the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and went to a stop signal while the vehicle driving signal was changed to the stop signal, but the opposite part of the victim C (22 tax) who was driving in the direction of the two IC in accordance with the left turn turn on the left turn from the opposite part due to the failure of the Defendant’s failure to turn to the left in the direction of the vehicle driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s loss of the part where it is difficult to treat the victim for about four weeks.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant from the parking lot located in 30-lane 8, Gangnam-gu Seoul, Seocho-gu, Seoul, to the end of the modern vehicle located in 1k-ro 12, Seocho-gu, Seocho-gu, Seoul, to a level of approximately 0.166% alcohol content while under influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of traffic accidents prepared C;

1. A traffic accident investigation report and each investigation report (Nos. 15 and 16, a net time);

1. Statement of the circumstances of the driver at the main place of business, investigation report (the situation of the driver at the main place of business).

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