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(영문) 서울북부지방법원 2016.10.25 2016고단3363
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B K3 car;

On July 3, 2016, at around 02:50, the Defendant driven the said car while under the influence of alcohol with 0.215% of alcohol concentration 0.2,00, and driven the front road in front of the Seoul Southern-gu Seoul Metropolitan Government along a two-lane distance from the similar distance to the mining shooting distance.

At the time, due to the night and the influence of the headlights of motor vehicles, it was difficult for the driver of the motor vehicle to take care of the front line. In such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle with the front line and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant did not avoid the victim D (the age of 31) who was crossing the right from the left-hand side of the defendant's running direction, and had the victim go beyond the ground by receiving the victim from the front-hand part of the defendant's vehicle.

As a result, the Defendant caused the victim by negligence in the course of business who drives a motor vehicle while normal driving is difficult due to the influence of alcohol, and caused the victim to suffer injury, such as cutting the frame of the right pelvis, which requires treatment for about six weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving B K3 cars while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.215% from the road near the river basin in Gangnam-gu Seoul Metropolitan Government to the road in front of the same Gu C.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2);

1. Report on the proper driving of a drinking driver and the place where the drinking driving is measured;

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

1. Each Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts.

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