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(영문) 서울중앙지방법원 2017.10.18 2017고단5882
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On July 16, 2017, the Defendant driven the said car while under the influence of alcohol of 0.166% during blood, and proceeded with the five-lane road in front of history distance, along the same one-lane from the edge of the horizontal distance of the Sejong East-gu, Seoul, along with one-lane distance, and stopped in accordance with good faith.

In such cases, the driver has a duty of care to safely drive the steering boat well and the steering gear in a correct manner and prevent the accident in advance.

Nevertheless, the Defendant: (a) was negligent in setting a balke, which was taken due to the difficulty of driving under normal conditions, such as a red, rhym and galm with the balm, while the balm is difficult; (b) caused the Defendant’s failure to drive the balm on the front side of the Defendant’s vehicle. (c) The balm part of the Defendant’s vehicle behind the balm, which was driven by the Defendant’s driver, was driven by the Defendant’s vehicle.

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 suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant at a level of about 3km from the Do in the Seocho-gu Seoul Metropolitan City, Seocho-gu, to the above 270-day road at the same time as the statement in the preceding paragraph, while under the influence of alcohol with about 0.166% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. A drinking measuring instrument;

1. Investigation report (report on the situation of the driver in charge); and

1. A written statement on the occurrence of each traffic accident;

1. Domestic History Report - Confirmation of video recording of damaged vehicles, booms.

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