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(영문) 서울남부지방법원 2016.12.08 2016고단5062
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On September 15, 2016, the Defendant, while under the influence of alcohol at 0.206% of blood alcohol level, driven the said van as his duties, and continued to drive a two-lane road in the front of Ireland located in Guro-gu Seoul Metropolitan City, Guro-gu, 110 along the south-ro bank in the south-gu, Daegu-ro, 31km along the speed of 31km.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, as above, the Defendant neglected to drive a motor vehicle while it is difficult for the Defendant to drive the motor vehicle under the influence of alcohol and neglected to change the vehicle driving signal to the stop signal, and due to the negligence of driving the motor vehicle, the Defendant received the left bridge of the victim C(49 years old) who cross the crosswalk from the right side of the crosswalk to the left side of the motor vehicle driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C, such as the second-class water pelle to the left-hand body, which requires treatment for about six weeks.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free License) at the same time, without obtaining a driver’s license from the front side of Guro-gu Seoul Metropolitan Government to the front side of the Ireland located in Guro-ro 110, the Defendant driven Bone Star Corer under the influence of alcohol concentration of about 0.206%, without obtaining a driver’s license from the front side of Guro-gu Seoul Metropolitan Government to the front side of the Ireland 110 meters.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of traffic accidents;

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