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(영문) 서울중앙지방법원 2017.01.11 2016고단8507
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 22:00 on July 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger) driven B benz car while under the influence of alcohol with a 0.184% alcohol concentration in the blood of Gangnam-gu Seoul, Seoul, and proceeded at a speed of three lanes depending on the speed of non-speed, depending on the two-lanes from the south bank of the high water level to the north bank of the high water level.

At the time, there are nights and places where vehicles are passing many, so in such cases, there was a duty of care to prevent accidents in advance by properly manipulating the brake system while a person engaged in driving a motor vehicle is able to live well in the front door.

Nevertheless, the Defendant neglected this and stopped on the same lane due to the negligence of failing to properly operate the brake system, which was driven by the victim C (28 S) who was driven by the victim C (28 S) in the front line, and received the back part of the XG car from the front line of the said car operated by the Defendant, and the said new car has been parked in the front line due to its shock.

E has the back part of the F taxi driven by E.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, and sustained the injury of the fluoral base, such as the fluoral base, which requires approximately three weeks of medical treatment to the victim G (31 years of age) who is the passenger of the said taxi, on the left fluoral base in need of medical treatment for about three weeks.

2. Violation of the Road Traffic Act (drinking) was driven by the Defendant from the 48-3rd-way road of Mapo-gu Seoul Metropolitan City, Mapo-gu, Seoul at the time of paragraph 1 to the south-gu, Gangnam-gu, Seoul, while under the influence of alcohol content of about 0.184% during blood, at the section of approximately 12.6 km from the 48-3rd-down road of Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. A survey report on actual conditions;

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

1. Investigative report (drawing, driving);

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