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(영문) 서울중앙지방법원 2017.07.12 2017고단3574
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 at Benz.

On March 9, 2017, the Defendant driven the above car around 01:15, and proceeded along the two-lanes between the four-lanes of Ginnag apartment in Gangnam-gu Seoul, with the shooting distance of Ginnag apartment in the Ginnag apartment located in Gangnam-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as taking the front door and left door well, operating the brake and steering gear accurately, and prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and stopped on two lanes due to the negligence of driving, received the back part of the DNA passenger car driving by the Defendant as the front part of the Defendant’s benz car.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, was caused by the injury of the shoulder gate and the sacrife to the victim E in need of a two-day medical treatment due to the foregoing occupational negligence, and the Defendant suffered from the injury of the sacrife and the sacrife in need of a two-day medical treatment.

2. On March 9, 2017, the Defendant: (a) driven a Bbenz car under the influence of alcohol content of about 0.147% at the 1 Kmnife section to the front of the road of the Saemaeul cafeteria located in the calendar of Gangnam-gu Seoul, Gangnam-gu, Seoul, while driving a car at around 0.147% of alcohol content in blood, on the road of the Saemaeul cafeteria located in the calendar of Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of traffic accidents;

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

1. A report on the results of drinking alcohol measurement and a report on the detection of drivers;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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