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(영문) 서울남부지방법원 2016.10.06 2016고단3468
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ecoo vehicle B.

At around 01:30 on June 23, 2016, the Defendant driven the said car at an irregular speed by driving the four-lanes of the 6-lanes of the National Assembly Direction Center of Yeongdeungpo-gu, Seoul.

At the time, since the victim C(57 years old) taxi vehicles were at the time when the victim C(57 years old-old taxi vehicles) stops in the signal atmosphere, a person engaged in driving service has a duty of care to take care of the front left and to prevent accidents by accurately manipulating the brake system.

Nevertheless, the Defendant neglected to drive the damaged vehicle under the influence of alcohol concentration of 0.139% while driving in a state of being under the influence of alcohol, and found the damaged vehicle stopped on the front bank late, and caused the damaged vehicle to fall down with the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as tensions, tensions, etc., which requires a two-day medical treatment, and suffered injury to the E (22 years old) who is the passenger of the damaged vehicle, for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. The fact that the crime is the injury or injury caused by dangerous driving in accordance with the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E (the crime of causing bodily injury resulting from dangerous driving) are provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of causing bodily injury resulting from dangerous driving).

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