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(영문) 서울중앙지방법원 2017.05.30 2017고단2741
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Around March 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a vehicle of six lanes in front of Gangnam-gu Seoul Metropolitan Government with a alcohol concentration of 0.127% in blood, while under the influence of alcohol on March 16, 2017, and proceeded at a speed that would not be known by six lanes in the direction of the Gyeonggi High School.

A driver has a duty of care to prevent accidents in advance by properly operating steering steering the steering direction and brakes, and when changing the vehicle line, he/she had a duty of care to give notice of change of course by operating the direction, etc., and to change the vehicle line by properly considering the traffic conditions before and after the driving.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol and failed to change the steering direction and operation system to the two-lanes as they are, and thereby, continued two-lanes by changing the driving line to the two-lanes, and received the part of the upper part of the upper part in front of the right side of the freight vehicle by the Defendant driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain, which requires medical treatment for about two weeks.

2. On March 16, 2017, the Defendant driven C A7 car under the influence of alcohol content of 0.127% from the 100-meter section before the restaurant, “Gang-gu Cheongrogate,” located in 535, as the Seoul Gangnam-gu Seoul bankruptcy, to the front road of Gangnam-gu, Seoul, with the driving of a vehicle with C A7 car under the influence of alcohol content of about 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. A report on internal investigation (which records 24 copies of evidence);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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