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(영문) 서울동부지방법원 2017.01.18 2016고단4022
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On October 28, 2016, the Defendant, who is engaged in driving of B CDr slveing vehicles, was driven by 0.149% of alcohol concentration in blood at around 02:07 on October 28, 2016, while driving the said vehicle at around 02:149%, and led the Defendant to drive the said vehicle at a four-lane (including bus exclusive lanes) of the six-lane road in Gwangjin-gu Seoul Special Metropolitan City, in the direction of Adosan Station from the military base.

At night, a person engaged in driving duty has a duty of care to prevent accidents in advance by accurately operating the steering left right and right and the road system, and operating the steering and brake system accurately. However, the Defendant neglected to drive under the influence of alcohol due to the influence of alcohol while under the influence of alcohol, and did not see the front bank well, and the Defendant conflict with the front part of the Defendant’s vehicle, following the left side of the victim D (60 years old) driving of the victim D(60 years old) who stops in the atmosphere of the signal signal at the front bank due to the negligence of driving.

Ultimately, the Defendant suffered injury to the victim, such as dump dump dump and tension, which require approximately two weeks of medical treatment due to the above occupational negligence.

2. On the day specified in the preceding paragraph, the Defendant driven a B Crobing vehicle while under the influence of alcohol content of about 0.149% in blood at the section of about 3 km from the 92-lane, Gwangjin-gu, Seoul to the front road in Gwangjin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and investigation reports;

1. A report on the detection of a driver at the main place of business, a report on the circumstances of the driver at the main place of business, and a measurement of alcohol concentration in blood;

1. Application of the medical certificate, each photographic statute;

1. Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act.

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