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(영문) 서울서부지방법원 2018.10.25 2018고단2420

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. The Defendant is a person who is engaged in driving the CMW car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 17, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.161% during blood transfusions, and proceeded at a non-speed speed in accordance with two-lanes from the direction of the Han River Station, which is located in the 184-ro, Yongsan-gu Seoul Metropolitan Government, by driving the said vehicle at the influence of alcohol 0.161%.

At the time, there was a vehicle waiting for signal at the front section of the defendant, so in such a case, there was a duty of care to prevent the accident by accurately manipulating the steering direction and brakes while driving the motor vehicle.

Nevertheless, under the influence of alcohol, when the Defendant was negligent in failing to properly operate the brakes under the influence of alcohol, such as a light distance, when he was unable to drive the brakes at a normal time due to the influence of alcohol, etc., he saw the back part of the E instrument being driven by the Defendant in the front part of the Defendant’s vehicle in the front part of the Defendant’s vehicle, and then was driven by the Defendant’s vehicle in the front part of the victim F (67 years old) driven by the Defendant’s vehicle immediately following the vehicle in the aftermath of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

2. Around 06:10 on June 17, 2018, the Defendant driven a CMW car with a blood alcohol content of about 0.161% from the 100-meter section from the 196nd day of Yongsan-gu Seoul, Yongsan-gu, Seoul to the 184nd day of Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in F and D;

1. The principal driver;