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(영문) 서울동부지방법원 2017.01.23 2016고단3922
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year 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 a car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.189% in blood around 02:10 on October 14, 2016, and driven the road of 4 lanes in front of Gwangjin-gu Seoul Special Metropolitan City, along the two-lanes from the horizontal distance to the white distance, and changed the lane into one-lane.

The Defendant, while under the influence of alcohol, was in a state where normal driving is difficult due to the influence of alcohol, such as a large string distance and snow with red shock, and thus it was difficult for the Defendant to accurately operate the steering wheel and brakes of the said vehicle. However, the Defendant was driven by the victim D (39) who was operating the said vehicle and stopped into the signal signal at one lane from the steering string bank at the time and operating the said vehicle, without sufficiently harming the steering of the said vehicle and without securing a safe distance, and received the said string part following the right-hand part of the said string vehicle due to the Defendant’s change of the vehicle by negligence.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately four weeks of medical treatment due to occupational negligence.

2. Around 02:10 on October 14, 2016, the Defendant driven a B-on vehicle while under the influence of alcohol with approximately 600 meters alcohol concentration 0.189% from the 191rd road in Gwangjin-gu, Seoul to the front road in Gwangjin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. Application of Acts and subordinate statutes, such as photographs, field photographs, and diagnostic documents by cutting down a black stuff image;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts

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