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(영문) 서울동부지방법원 2017.04.20 2017고단174
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of CSP cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 30, 2016, the Defendant driven the said car under the influence of alcohol content of 0.238% in blood on December 17:45, 2016, and led the Defendant to drive the said car on the 8th athletic distance in the Songpa Olympic Games, Songpa-gu Seoul, as one-lane of the four-lane roads near the 8th sports complex distance.

In such cases, the defendant engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to accurately operate the steering wheel and brake system of the motor vehicle and to properly report the steering wheel and safely prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the course of duty in which he was unable to drive normally and did not properly operate the steering gear and operating the steering gear. In the same direction, the Defendant was faced with the back part of the E rocketing taxi driven by the victim D (37 S) who was driven by the vehicle string in the same direction, and suffered from the injury of the victim D, such as the dystum dume, which requires approximately two weeks of medical treatment.

2. On December 30, 2016, the Defendant was under the influence of alcohol level of 0.238% during blood on December 30, 2017, the Defendant driven the said CSP car from before the sea frequency of the sea in the Gangnam-gu Seoul Eastdong to the roads near the 8th athletic distance in Songpa-gu Seoul Olympic Games.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes governing records of drinking alcohol measurement;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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