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(영문) 서울중앙지방법원 2017.08.09 2017고단3193
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

On March 29, 2017, the Defendant, while under the influence of alcohol 0.137% during blood transfusion around 21:00, operated a B-S cruise cruise car, and tried to enter the 33-lane of the said new distribution channel by driving the B-S cruise cruise car at the intersection of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Nabro, along the four-lane 4-lane Do, from the intersection of the Jidong community service center to the 33-lane of the Seoul Seocho-gu New distribution channel.

At the time, the Defendant, while under the influence of alcohol to the extent that he is in an inaccurate and unfolded state of walking, and the face was so drunk that he was able to drive the steering gear and the steering gear, etc. in a proper manner without showing the front side and the left side, thereby having been in the front side of the Da K7 Driving of the victim C(29 years old) who was driving the 33-way route from the left side of the car driving direction of the said Macs cruise cruise cruise car, and was in the front side of the said Mac K7 car.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as the base of climatic salt, tension, etc. which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of traffic accidents prepared C;

1. A traffic accident report (1) and (2) (the actual survey report);

1. Each investigation report (No. 10, No. 11 once a year);

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

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes to field photographs (No. 7 once a year);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Circumstances, such as the fact that the defendant, who was punished for driving under the influence of alcohol in the past, once again drives under the influence of alcohol while driving under the influence of alcohol, causes an accident during driving under the influence of alcohol, and the fact that the amount of alcohol concentration in blood is considerably high.

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