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(영문) 서울동부지방법원 2017.11.29 2017고단3131
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with Cworkstren’s alcohol concentration of 0.212% during blood while under the influence of alcohol around 09:20 on August 12, 2017, thereby driving the motor vehicle of the Songpa-gu Seoul Metropolitan Government B in the direction of the Songcheon Culture Center.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle when it is difficult to drive a motor vehicle normally due to the influence of drinking, and has a duty of care to prevent accidents in advance by accurately operating the steering and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not keeping the front door well and not operating the steering and steering system properly at the front bank and received the back part of the victim D(67 S)'s EFT Roym van which was waiting in the front bank as part of the front part of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as a climatic dump, which requires treatment for about two weeks.

2. On August 17, 200, the Defendant was notified of a summary order of a fine of one million won for a violation of road traffic laws at the Seoul Northern District Court of Seoul Northern District on the grounds of a violation of road traffic laws, etc. On December 20, 2013, the Defendant was notified of a summary order of a fine of four million won for a violation of road traffic laws at the Seoul Eastern District Court of Seoul, and on April 18, 2016, the Defendant was notified of a summary order of a fine of 1.5 million won for a violation of road traffic laws at the Seoul East District Court of the Seoul East District Court.

On August 12, 2017, around 09:20, the Defendant driven the said rocketing car while under the influence of alcohol content of about 0.212% from the 3 Km section from the 16th road of Songpa-gu Seoul Yangsan-ro, Songpa-gu to the front road of the same Gu B.

Summary of Evidence

[Criminal facts]

1. The defendant's statement in court;

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