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(영문) 서울동부지방법원 2016.11.10 2016고단3074
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving cars BM3

On August 31, 2016, at around 01:20, the Defendant driven the said car while under the influence of alcohol of 0.150% of blood alcohol level, and led to the rapid speed of 567 the south of the locking Zone, as Seoul Songpa-gu, to the direction of the locking Zone in the direction of the locking Zone.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the motor vehicle according to the signals by reducing speed and by properly examining the right and the right of the motor vehicle driver.

Nevertheless, under the influence of alcohol, the Defendant received a part of the front part of the DNA taxi driving in front of the right part of the said car driving by the Defendant, which was driven by the injured party C (year 61) who was straight pursuant to the new subparagraph in front of the left part due to negligence, even though the vehicle driving signal was under the influence of alcohol.

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 caused the victim to suffer injury, such as light fluoral salt, which requires treatment for about two weeks.

2. Around 01:20 on August 31, 2016, the Defendant driven a BM3 car under the influence of alcohol level of 0.150% in the 3km section from the road from 1-11 in Songpa-gu Seoul, Songpa-gu, Seoul to the southwest of the 567 km-gu, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C's statement on the occurrence of traffic accidents;

1. Investigation report on the actual condition of traffic accidents, records on the measurement of drinking, and report on the actual condition of drinking drivers;

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 (the injury caused by dangerous driving) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning

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