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(영문) 서울서부지방법원 2017.09.14 2017고단1994
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

The defendant is a person who is engaged in driving a B-learning car.

1. On July 6, 2017, the Defendant driving the said vehicle while under the influence of alcohol content of 0.121% in blood around 23:03 on July 6, 2017, and led the Defendant to drive the said vehicle in the direction of 0.121% in the influence of alcohol during blood, and driving three-lanes between the five-lanes on the side of the Masan Bridge, the direction of the Masan Bridge, in the vicinity of the camping site in Mapo-gu, Mapo-gu, Seoul.

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 drinking, and has a duty of care to prevent accidents by safely driving the motor vehicle, such as making the traffic situation at the right and right well reported, accurately operating steering, brakes, etc.

Nevertheless, the Defendant neglected this and driven the said vehicle in a state where normal driving is difficult under the influence of alcohol as seen above, and led the victim C(53) who driven the said vehicle in the front direction of the same direction to the front part of the said car.

As a result, the Defendant was driving in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered light salt that requires approximately two weeks of medical treatment to the victim.

2. On July 6, 2017, the Defendant: (a) driven a B-learning car under the influence of alcohol content of 0.121% in blood, from the vicinity of the Soyang-gu ridge to the location of the accident as referred to in the foregoing 1. The Defendant was under the influence of alcohol by around 23:03 on July 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and record of the measurement of drinking;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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