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(영문) 서울서부지방법원 2018.03.29 2017고단3963
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 October 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DH4 driving) driven a B-to-pur motor vehicle with alcohol concentration of 0.255% in blood around October 5, 2017, while under the influence of alcohol at around 01:15, the Defendant driven a B-to-pur motor vehicle with light view to 310% in that region at the time of leaving the 310-day, along with the distance prior to a light view box in the village of the apartment room only from the apartment room of 1st century.

At the time, it was difficult at night to turn off the vehicle at the front of the defendant, and at the front of the defendant, the DK5 driver's DK5 driver was stopped for the left-hand turn signal, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to properly operate the brake while properly operating the brake.

Nevertheless, under the influence of alcohol, the Defendant got off the above K5 vehicle, which was in the front room due to the negligence of failing to properly operate the operation system, and then received the part of the Defendant’s driver in front of the car.

As a result, the Defendant, while driving the said car under the influence of alcohol, was difficult to drive the said car and sustained injuries to the victim E (the 44 years old and the 74 years old) and the victim F (the 74 years old and the 74 years old) about two weeks of medical treatment, and suffered injuries to the victim G (the 14 years old and the 14 years old) about two weeks of medical treatment, and suffered injuries to the Ha (the 10 years old and the 10 years old) about 2 weeks of medical treatment.

2. On October 5, 2017, the Defendant, at around 01:15, driven a BA-pubed car at the distance of approximately 1.5 km from the luminous-ro apartment parking lot located on the street 153, to the 310-day away away from the luminous-ro apartment parking lot located on the street, to the 310-day away away from the 1.5km-ro, while under the influence of alcohol with approximately 0.255% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report, the notification of the results of the crackdown on drinking driving, the report on internal investigation (victim C telephone investigation), each general medical certificate, and the medical certificate;

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