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(영문) 서울중앙지방법원 2017.11.08 2017고단5880
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 a person who is engaged in driving of the Clearning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.145% during blood transfusion 00:21 on July 8, 2017, and led the Defendant to drive the said car at the intersection of Dongjak-gu Seoul Metropolitan Government, a four-lane road in front of the Air Force Center, which is located at the direction of the direction of the direction from the direction of the direction of the direction of the direction of the air force center, at the speed of about 20km to 30km.

In such cases, the driver has a duty of care to safely operate the steering boat and the steering system in a correct manner and to prevent accidents by safely operating the steering boat and the steering system.

Nevertheless, the Defendant neglected to drive under normal conditions, such as a red, cross-light, and galking a string, while the Defendant was under the influence of alcohol, and due to the negligence of neglecting it and proceeding in the front direction of the Defendant’s proceeding, and received the part behind the Defendant’s vehicle in front of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D and the victim F, who is the passenger of the said taxi (the 31-year-old-old-age-old-age-age-age-age-age-age-age-age-age-of-the-job treatment for about two weeks, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a frighting car under the influence of alcohol with approximately 0.145% alcohol concentration from the 4km prior to the subway station located in Mapo-gu Seoul Metropolitan City to the front road of the said Air Force Center at around a day, such as the statement in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. The report on a traffic accident, the report on the occurrence of a traffic accident, and the manual of control;

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