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(영문) 서울서부지방법원 2017.04.13 2017고단342
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 engaged in driving a CF car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 31, 2017, the Defendant driven the said car under the influence of alcohol level of 0.172% among blood transfusions on January 31, 2017, while driving the said car, and the Eunpyeong-gu Seoul, Eunpyeong-ro 176, paralleled the private distance intersection at the entrance of the Pyeongtaek-gu Office, the Defendant driven on two-lanes from the area of the Western Hospital.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with traffic signals by considering the traffic situation.

Nevertheless, the Defendant neglected his/her duty to drive under the influence of drinking and the signal is changed to a stop signal, but is proceeding in violation of the signal, and is operated by the victim D(43) (S) who is proceeding on the right side of the Defendant’s car driving direction to an intersection in accordance with the new code from the right side of the car driving direction.

E- The lower part of the left-hand part of the Ka for business use in K5 was the front part of the Defendant’s car, and the victim suffered approximately 12 weeks of light-standing signboards which need to be treated for about 12 weeks.

2. Around January 31, 2017, the Defendant violated the Road Traffic Act (divated driving) driven a CFD car under the influence of alcohol level of about 0.172% in the section of Eunpyeong-gu Seoul at approximately 2.5 km from the nearest wife in Eunpyeong-gu Seoul Metropolitan Government to the road of about 176-ro, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Investigation report (related to the application of the above d mark);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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