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(영문) 서울남부지방법원 2017.01.26 2016고단5272
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant driven a C low-speed car with alcohol content of about 0.152% from the 3-meter section from the south-gu Seoul Southern-ro, Yangcheon-gu, Seoul to the front road of Gangseo-gu, Seoul, with a light of around 22:18 on August 31, 2016.

2. The Defendant is a person who is engaged in driving of a motor vehicle with C high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On August 31, 2016, the Defendant driven the above car on around 22:18, and driven the front road of Gangseo-gu Seoul Metropolitan Government on the blood alcohol level of 0.152% while under the influence of alcohol level 0.152%, the Defendant proceeded along one lane between the one-lane one-lane, one-lane, which is located in the Hanbro 42-ro, Gangseo-gu, Seoul, as Hanbro, Gangseo-gu, Seoul.

At the time, since it is night and at a place one-lane, the driver's duty of care to prevent accidents in advance and not drive a motor vehicle in a situation where normal driving is difficult due to drinking because the driver's duty of care is to prevent accidents by safely operating the steering wheel and brake system in a correct manner.

Nevertheless, the Defendant neglected to do so and did not look at whether there is a pedestrian who walked on the front side while under the influence of alcohol, and caused the victim D(50) to go up to the floor by taking the victim D(50) as the front part of the passenger car.

As a result, the Defendant was able to drive the said car in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered injury, such as a cage cage cage 7, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Reports on internal accidents;

1. A report on internal investigation (the verification of CCTV around the area in which an accident occurred);

1. A medical certificate;

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