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(영문) 서울중앙지방법원 2017.08.08 2017고단2541
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Cranx XG car volumeing in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 28, 2016, at around 21:05, the Defendant driven the above vehicle in a state where it is difficult to drive normally, while under the influence of alcohol level of 0.152% in blood, while driving the said vehicle in front of the long distance of 270 Sho-ro, Seoul, Gangnam-gu, Seoul, at a horizontal distance of 21:05, and led it to the three-lanes between the four-lanes in the IC and the four-lanes.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle with the driver's duty of care by driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected to do so and led the victim D ( South, 30 years old) who is waiting for a signal signal at the bend of the bend of the bend of the Defendant’s vehicle to the front part of the Defendant’s vehicle.

As a result, Defendant 1 suffered injury, such as salt, tension, etc., to the victim, which requires approximately three weeks of treatment due to such occupational negligence.

2. On April 15, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) with a fine of KRW 5 million for the same crime at the Seoul Southern District Court on April 18, 2012, and on December 13, 2012, the Defendant was sentenced to a suspended sentence of one year for the same crime at the Seoul Southern District Court on December 13, 2012.

At the time of the day referred to in the preceding paragraph, the Defendant driven the franx XG car in the state of alcohol with approximately 500 meters alcohol concentration of approximately 0.152% in blood from Gangnam-gu Seoul to the place where the accidents described in the preceding paragraph occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A situation investigation report;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. A medical certificate;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (the same criminal record as the suspect);

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