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(영문) 서울서부지방법원 2016.09.29 2016고단2132
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 00:50 on July 2, 2016, the Defendant driven CK5 vehicle while under the influence of alcohol content of 0.180% in blood, from the front road of the red lux in Mapo-gu Seoul Metropolitan Government to the road of five lanes in front of Seoul Mapo-gu.

2. The Defendant is a person engaging in driving a vehicle CK5 in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant driven the said car while under the influence of alcohol level of 0.180% during the blood transfusion at the time of paragraph 1, and driven the five-lane road in front of Mapo-gu Seoul Metropolitan Government at the speed of 3-lanes from the string of the intersection distance to the string of the intersection, at the speed of 0.18%.

In this case, the driver of the motor vehicle has a duty of care to prevent the accident by properly manipulating and safely driving the steering gear, brakes, etc. of the motor vehicle and the driver of the motor vehicle. In this case, the driver of the motor vehicle has a duty of care to prevent the accident by failing to stop the accident.

Nevertheless, even though it is difficult for the Defendant to drive the vehicle normally due to alcohol, the Defendant was negligent in driving the vehicle without properly examining the front door, and received the part behind the right-hand part of the vehicle behind the Defendant’s driving vehicle.

As a result, the defendant suffered from the injury of the victim, such as climatic salt, which requires approximately two weeks of medical treatment due to the negligence of driving a motor vehicle while normal driving is difficult due to the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

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