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(영문) 서울동부지방법원 2018.01.18 2017고단3950
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven a C-A-to-pubed car on September 29, 2017, and driven a road of four-lanes in front of Seoul Special Metropolitan City Gwangjin-gu, along the two-lanes in the direction of the Gu's shooting distance from the area of the park basin in the children's large park.

At the time, a person engaged in driving service at night has a duty of care to prevent accidents in advance by safely driving the steering gear and operation of the steering gear in a safe manner.

Nevertheless, the Defendant did not discover a F-motor vehicle for the victim E-driving that was stopped in order to take the left-hand turn at the first-lane in order to operate the f-motor vehicle under the influence of alcohol and neglect it while driving, and did not get the victim's two-wheeled vehicle back to the left-hand part of the victim's driver's vehicle.

Ultimately, the Defendant 1 driven a motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury, such as spine so that the victim needs to receive approximately 12 weeks medical treatment.

2. Around the day specified in paragraph 1, the Defendant driven the foregoing vehicle with the alcohol concentration of about 0.106% from the 1km section of approximately 1km from the 4th parallel of the children of Seoyang-dong, Seoul Special Metropolitan City, to the roads in front of the Seoul Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act, respectively.

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