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(영문) 서울동부지방법원 2018.06.11 2018고단1302

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be sentenced to eight months of imprisonment, and the execution shall be suspended for two years from the date when the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On March 31, 2018, the Defendant: (a) was a person engaged in driving Bran-car; (b) was under the influence of alcohol concentration of 0.108% in blood on March 31, 2018; and (c) was driving the said car from the roads adjacent to the Gannam-gu Uniform-dong, Seongdong-gu, Seoul; and (d) was driving the said car on the Gangwon-gu, Seongdong-gu, Seoul; and (c) was changing the five-lane road from the parallel to the opposite intersection of Yong-dong to the one-lane of about 60km in speed.

At the time of night, the passage of a vehicle is inferior, and there is a place where the passage of a vehicle is frequent as an exclusive road for motor vehicles. In such a case, the driver of the motor vehicle has a duty of care to safely change the lane and prevent the accident by safe change of the lane to another vehicle while paying attention to the other vehicle at a low speed.

Nevertheless, the Defendant neglected this and caused the influence of drinking, thereby making it difficult for the Defendant to drive the vehicle rapidly at a rapid speed without the direction, such as not making it clear that the walk is long and sound due to the influence of drinking, etc., due to the negligence in the course of duties, which resulted in the Defendant’s change of the lane at a rapid speed without the direction, and received the D Cases of the Victim C (K7) driving in the same direction depending on the one-lane of the mashed one lane (K7) from the Defendant’s seat next to the driver’s seat of the vehicle in which the Defendant is driving.

Ultimately, the Defendant suffered the victim’s salt, tension, etc. in need of approximately two weeks’ medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, whether drinking is measured or printed out, and the application of Acts and subordinate statutes;

1. Penalty provisions: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-22 and 44 (1) (Selection of imprisonment with prison labor) of the Road Traffic Act;

1. Aggravation of concurrent crimes: Articles 37 and 38 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Social services, etc.: