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(영문) 서울중앙지방법원 2018.03.29 2017고단8496
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. The Defendant is a person engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 19, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.182% in light of the blood alcohol concentration of 01:52% in a state where normal driving is difficult due to the influence of alcohol, and driven the above vehicle along one lane in the direction of the fluence distance from the boundary of the new forest basin in the south-gu Seoul Special Metropolitan City.

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 there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation in front of the vehicle, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, tried to see the front part of the Defendant’s vehicle as the front part of the D Two-wheeled Motor Vehicle that was driven by the victim C(27 years) who was waiting for the signal at the same lane by negligence.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a shoulder pipe that requires approximately three weeks of medical treatment due to such occupational negligence.

2. On October 19, 2017, the Defendant was under the influence of alcohol content of 0.182% in blood, around 01:52, the Defendant driven a rocketing car from a restaurant near the subway 2 line 1614 in the Southern-ro, Seoul Special Metropolitan City, Seoul, to a five-lane radius in the south-gu, Seoul Special Metropolitan City, the southwest-ro 1479.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Statement of the circumstances of the driver involved in driving;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (each of the imprisonment, etc.) concerning the crime under the relevant Act

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