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(영문) 서울동부지방법원 2016.10.20 2016고단2615
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2016, the Defendant driving a vehicle B in the state of alcohol alcohol concentration of about 500 meters from the tent distance in Seongdong-gu Seoul Metropolitan Government to the maritime library located in 702 as the same Olympic Games, around July 20, 2016.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car B.

On July 16, 2016, the Defendant driven the said car with the blood alcohol concentration of 0.185% 0.185% on July 16, 2016, and led to the flow of the two-lane road in front of the Maritime Library located in the Olympic 702, Gangdong-gu Seoul Metropolitan Government, at a ethic speed from the border distance to the rock station.

At night, the Defendant was the victim C(68 years of age) driving, and thus, the Defendant was responsible for the duty of care to operate the vehicle safely by accurately controlling the steering gear, controlling the speed in advance.

Nevertheless, the Defendant was negligent in driving the victim's bicycle while it is difficult to drive the victim normally while under the influence of alcohol, and received the part behind the victim's bicycle riding from the victim's driver to the right side of the passenger vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as the right slick for three weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual condition, a report on detection of a user, and a circumstantial statement of a user;

1. Accident site, vehicle photograph, and diagnostic certificate;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (report on attachment of the same type of power);

1. Criminal facts;

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