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(영문) 서울서부지방법원 2017.09.07 2017고단1639
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 13:45 on May 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a motor vehicle with Edimulas while under the influence of alcohol concentration of 0.345% in blood, the Defendant driven the frontway of Seodaemun-gu Seoul Western-gu Seoul Metropolitan Government D with a one-lane of a red towing vehicle at the seat of the hotel room.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, brake system, etc. of the motor vehicle and safely driving the motor vehicle without exceeding the center line.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering gear, brakes, etc. under the influence of alcohol, the Defendant conflicts with the victim F (28 Dose) who driven on the opposite lane of the above road in the direction of the road, with the top-hand log of the G Yol-ri car driving by the Defendant’s driver.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dynasium, tension, etc., for about three weeks of medical treatment.

2. Around 13:40 on May 28, 2017, the Defendant was driving a Esbert vehicle while under the influence of alcohol with approximately 0.345% alcohol concentration in the section of approximately 800 meters from May 28, 2017 to May 13:45, 2017, the reunification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Reporting of a traffic accident (1) (2);

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A medical certificate;

1. The application of the laws and regulations to the investigation report (as regards the application of the above Dmark);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to the crime and Article 148-2 of the Road Traffic Act (the fact that the crime is caused by the death or injury caused by the dangerous driving, the choice of imprisonment) and Article 148-2 of the Road Traffic Act.

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