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(영문) 서울중앙지방법원 2017.09.13 2017고단5301
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on April 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving Cenz automobiles with alcohol concentration of 0.168% in blood while under the influence of alcohol level 0.168% in blood, and proceeded in the direction of bankruptcy in the direction of pressure-gu.

Since there is an intersection, the driver of the vehicle has a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering and brakes while living well on the front side.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol so that the Defendant was a victim D (63 tax) who proceeds to the right from the left-hand side in the bankruptcy direction in front of the Defendant’s proceeding, and received the back left-hand part of the E-si driving as the Defendant’s driver’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as fluoral salt in need of treatment for about two weeks.

2. While the Defendant was under the influence of alcohol concentration of 0.168% in blood at the border of paragraph (1) of this Article, the Defendant driven Cenz car at a section of about 300 meters from the roads of the Gangnam-gu Seoul Special Metropolitan City (Seoul), to the roads before Seoul Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving, the indication of the result of measurement of drinking, and the report on detection of the driver involved in driving;

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

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

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the provision of Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of imprisonment with prison labor for the crime, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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