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(영문) 서울중앙지방법원 2017.03.14 2016고단9411
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. The Defendant is a person who is engaged in driving of a vehicle B with low risk driving (the injury or injury caused by risk driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On November 16, 2016, the Defendant driven the said car under the influence of alcohol content of 0.163% in blood around 09:15 on November 16, 2016, and driven the said car along the two-lanes from the basin to the south of the Seoul Gangnam-gu, Seoul.

At the same time, the victim D(64) Echip car was in the process of driving on the three-lanes in the same direction as above, and thus, there was a duty of care to accurately manipulate the steering direction and brake system while considering the surrounding traffic situation as a person engaged in driving business.

Nevertheless, the defendant neglected this and went into three lanes in a situation where normal driving is difficult due to influence of drinking, and due to the negligence of driving from the two lanes to the three lanes, and the part behind the left side of the victim D's vehicle, which led to a conflict of the front part of the defendant D's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the injury of two parts that require approximately three weeks of medical treatment due to the above occupational negligence.

2. On November 16, 2016, the Defendant was under the influence of alcohol at around 09:15, the Defendant driven a 2km car from the road front of the SK Oil Station in Gangnam-gu, Seoul to the road front of the SK Oil Station in Gangnam-gu, Seoul, with approximately 2km, while under the influence of alcohol at around 0.163% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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