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(영문) 서울중앙지방법원 2017.10.24 2017고단6357
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. The Defendant is a person who is engaged in driving a motor vehicle as a driver of the motor vehicle B by re-checking the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 30, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.240% in a light of around 20:10, while normal operation is difficult due to the influence of alcohol, and proceeded in the direction of mass station 2704 in the south-gu Seoul Southern-ro, Gangnam-gu, Seoul, by driving the said vehicle in a state where normal operation is difficult, and got a Uton by receiving a U-turn signal at the first lane.

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 alcohol, and there was a duty of care to prevent accidents in advance, such as securing a sufficient safety distance in the front, and to prevent accidents, such as internship, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it to drive the victim C(67 Do) who was under a stop in front of the Defendant’s vehicle, and received the part behind the left-hand part of the said vehicle, following the driving of the victim C(67 Doz.) who was under a stop.

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

2. 도로 교통법위반( 음주 운전) 피고인은 2017. 4. 30. 20:10 경 혈 중 알콜 농도 0.240% 술에 취한 상태로 서울 강남구 언 주로 30길 56 타워 팰리스 상가 주차장에서부터 서울 강남구 남부 순환로 2704 앞 도로 사고 장소까지 약 2km 구간에서 피고인 소유의 B 재규어 차량 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver;

1. A report on the circumstances of the driver at home;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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