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(영문) 서울중앙지방법원 2017.11.30 2017고단7221
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 engaged in driving a Bomba car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On September 18, 2017, the Defendant driven the above vehicle under the influence of alcohol content 0.197% during blood transfusion 00:00, while normal driving is difficult, and the Defendant driven the above vehicle along the two-lanes in the direction of two-lanes in the direction of two-lanes in front of Jongno-gu Seoul, Jongno-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol, and there was a duty of care to report the traffic situation well and prevent accidents in advance by safely driving the motor vehicle, such as accurately manipulating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, led to a shock of the part behind the victim D(68) drive, which was in the atmosphere of the same lane, in the front part of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to sugar et al., which did not have any wound in the two open areas where approximately three weeks medical treatment is required to the above victim D, and the Defendant suffered from the injury to the victim F (37 years of age) who was the brue in need of approximately two weeks medical treatment.

2. On September 18, 2017, the Defendant was under the influence of alcohol content 0.197% during blood transfusion around 00:00 on September 18, 2017, the Defendant driven a BWn car at a distance of about 500 meters from the 3rd in Jongno-gu Seoul to the ero, Jongno-gu, Seoul to 2nd in the vicinity of the intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. A report on the circumstances of the driver at home;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.

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