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(영문) 서울중앙지방법원 2017.10.13 2017고단5569
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 12, 2017, around 03:50 on April 12, 2017, the Defendant: (a) driven a light-line car under the influence of alcohol concentration of 0.118% in blood by driving a light-line car in front of Seocho-gu Seoul, Seocho-gu, Seoul; and (b) driven a three-lane in the direction of the Seoul Arts Center in the direction of the Seoul Arts Center.

In this case, the driver of the vehicle has a duty of care to reduce the speed and properly manipulate the brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(49) who is waiting for a signal at the front section of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim’s chere, such as salt chere, in need of treatment for about two weeks, and suffered injury to the victim F, who was on board the chere on the chere of the car driving by the said victim, such as light chere, in need of treatment for about two weeks.

2. While the Defendant was under the influence of alcohol level of 0.18% during the influence of alcohol at the border of paragraph (1) of this Article, the Defendant driven a cleep car from the roads near the Gwanak-gu Seoul Special Metropolitan City Bola Park to the roads front the Seoul Seocho-gu Seoul Metropolitan City, at approximately 6km.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and record of the measurement of drinking;

1. Each investigation report (Nos. 8 and 13 once a year);

1. Each written diagnosis on D and F;

1. The application of the laws and regulations to the vehicle photographs (No. 2 once a year) of the accident vehicle.

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