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(영문) 서울동부지방법원 2017.11.08 2017고단3121
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

1. Around 21:50 on July 25, 2017, the Defendant driven a fluorous vehicle under the influence of alcohol content of 0.182% from the 3km section of the Gangdong-gu Seoul Metropolitan Government Docheon-dong to the roads in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above van at the time specified in paragraph 1, and led the road of five lanes in front of Gwangjin-gu Seoul Special Metropolitan City to proceed at the speed of 4 lanes in the direction of the Gun's long distance in the direction of the Gun's calendar distance from the three-lane radius from the Gun's calendar distance.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle in the vicinity by safely driving the motor vehicle so as not to shock the motor vehicle, such as accurately operating the steering gear and brakes, etc.

Nevertheless, the Defendant neglected in the state of drinking, as stated in paragraph 1, and changed the lane from the fourth to the five-lane, and did not discover the Erocketing taxi of the victim D(39 years old) who stopped on the five-lane, and received the back portion of the above taxi as the front side of the Defendant’s son’s right side.

Ultimately, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the victim D to suffer injury, such as salt, tension, etc. in need of treatment for about six days, and the victim F (F) who attempted to board the said cab to board the cab, and suffered injury, such as the left side of the 2-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident fact-finding survey report, a traffic accident situation report, and a report on the detection of a primary driver;

1. Application of written estimates and written diagnosis to statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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