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(영문) 서울남부지방법원 2017.05.25 2017고단965
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] The Defendant was sentenced to a summary order of a fine of KRW 2 million on December 8, 2008, and a fine of KRW 4 million on December 30, 201, from the Busan District Court's East Branch, to the same crime on December 30, 201.

[Criminal facts]

1. On February 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a shower car in the state that it is difficult to drive normally due to the influence of drinking, which reaches 0.160% of alcohol during blood, following the driving of the shower car in the state that it is difficult to drive normally, and driving the car as a shower car in the vicinity of Yeongdeungpo-gu Seoul Metropolitan City, the road front the Seoul Metropolitan City, along the direction of the street park off the 3rd distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, went ahead of it to the same room due to negligence, while neglecting it, was faced with the back part of the victim D(22) driving which was standing in the atmosphere of the signal, and was in front of the shower car.

Ultimately, the Defendant driven the shower car in a situation where normal driving is difficult due to the above influence of drinking, and suffered from the injury of the victim D, the victim F (22 o), the victim G (22 o), the victim H (22 o), and the victim H (22 o) for approximately two weeks of treatment.

2. Around 19:50 on February 14, 2017, the Defendant driven a shower car with a alcohol level of approximately 0.160% from the 2km section from the 22km road in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to the same day from the 20:00 day to the same front road in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F, G and H;

1. A survey report on actual conditions;

1. A medical certificate;

1. Statement of the circumstances of the driver in charge; and

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