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(영문) 서울중앙지방법원 2017.04.12 2017고단531
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 in freezing B and freezing C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 5, 2016, the Defendant driven the above 08:39 around 08:39, and driven the freezing Ⅲ, which is located in Jongno-gu Seoul Metropolitan Government, along the three-lanes of the three-lanes among the three-lanes, from the breath of the tunnel to the luminous outflow.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, failed to properly operate the brakes in front of the above crosswalks, was negligent in failing to properly operate the brakes in front of the above crosswalks, and caused the victim E (55 years old) who was in front of the Franco drive after the he was faced with the front part of the Franco driveed by the victim E (55 years old).

As a result, the Defendant driven the above wing and freezing vehicles Ⅲ in a state where normal driving is difficult due to influence of drinking, and suffered a plebal scke, which requires approximately 2 weeks of treatment to the victim.

2. The Defendant of the Road Traffic Act (drinking driving) driven the B-wing and Ⅲ freezing vehicles with alcohol content of about 0.264% while under the influence of alcohol at approximately 30 km from the road near the future Pad system in Seoul Jongno-gu to the road in front of D in Jongno-gu, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of the driver at the primary driving, a report on the circumstances of the driver at the primary driving, and an investigation report (the application of the above dmark formula to the accused);

1. A written diagnosis of E;

1. Data to cut off the incident video images submitted by witnesses G (the list of evidence).

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