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(영문) 서울서부지방법원 2016.10.18 2016고단2726
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a person driving a B-bents car as his duties.

1. On June 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol level of 0.136% (in addition to the application of Diplomatic Marks) around 06:0 on June 26, 2016, while driving the said car and driving it on the roads facing 8th class neighborhood in Seodaemun-gu Seoul Western-ro, Seomun-gu, Seoul, as the west-gu west-gu west-gu square.

At the time, the defendant's vehicle was temporarily stopped at the front of the driver's car, and the victim's d driving patrol vehicle, which is a police officer belonging to the Seodaemun Police Station, was temporarily stopped for the purpose of regulating drunk driving.

In such a case, the defendant had a duty of care to prevent accidents by accurately manipulating the front bank and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and started the vehicle as it is, and shocked the driver behind the patrol vehicle into the fronter of the Defendant vehicle.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim and the victim F, who is the said passenger, for about two weeks of medical treatment.

2. Around 06:00 on June 26, 2016, the Defendant driven the said Bbents under the influence of alcohol concentration (total sum of 0.136%) at the 4km section from the Hong-ro, Mapo-gu, Seoul, Hong-ro, 94 Hong-ro to the 8th parallel parallel of the Seodaemun-gu, Seodaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement of the occurrence of each traffic accident, a statement of the circumstances of the driver concerned, and a report on detection of the driver concerned;

1. Reports on internal affairs (the application of the Radmark formula);

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes of a photograph of damage.

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