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(영문) 서울중앙지방법원 2017.09.20 2017고단4516
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 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 a vehicle Benz C220 on board, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 15, 2017, the Defendant driven the foregoing vehicle while under the influence of alcohol 0.176% in light of the blood alcohol level on 01:20 on May 15, 2017, and turned the three-lane road in front of Gwanak-gu in Seoul Special Metropolitan City into the boundary of the Seoul University.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

However, the Defendant neglected to drive under the influence of alcohol in a situation where normal driving is difficult due to the influence of alcohol, and proceeded in excess of the center line, and shocked on the left side of the victim D (42 e.g., the victim D (42 e., South) waiting in the signal one lane in the opposite direction, followed by the victim FF (62 e.g., South) waiting in the signal line after the vehicle.

As a result, the defendant suffered injury to the victims, such as salt, tensions, etc., which requires approximately two weeks of medical treatment by negligence in the course of business.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the above B passenger vehicle while under the influence of alcohol leveling 0.176% from the distance of the Gwanak-gu Seoul Special Metropolitan City Sshion Culture to the front road of the same Gu, around the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the record of drinking alcohol measurement, a report on the situation of the driver involved in driving, and an investigation report (a report on the situation of the driver involved in driving);

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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