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(영문) 서울남부지방법원 2018.10.23 2018고단4042

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven by Crain vehicles with three lanes of alcohol in front of Yeongdeungpo-gu Seoul Metropolitan Government while under the influence of alcohol level of 0.130% in blood, and driven at a speed that is impossible to identify two lanes depending on the surface of the elimbbb in the flow of Yeongdeungpo-gu, Seoul Metropolitan Government.

In such cases, a driver of a motor vehicle has a duty of care to take the front side and left side well and to properly manipulate the steering and brakes so that he/she has a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was able to have the victim D(24 cm) who was under the influence of signal waiting in front of the Defendant, she was driven by the victim D(24 ) who was under the influence of the signal waiting, and then she was pushed ahead of the Defendant’s vehicle, and due to its shock, she was pushed ahead of it, and she was the victim F.F.(46 cm) who was under the influence of the signal waiting in front, and was under the influence of the said vehicle, and she was the first offender of the said vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and suffered from the victim D, such as the base and the tension of the chill that requires treatment for about three days, and the victim F, the victim F, on a half-month basis in need of medical treatment for about three weeks.

2. The Defendant, at the same time and place as above, driven a Crain vehicle while under the influence of 0.130% alcohol level in blood at the crain.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report;

1. An accident scene photograph;

1. Investigation report (report on the situation of the driver with the main driver), report on alcohol alcohol during blood, and report on investigation (applicable with the above drone mark);

1. Application of Acts and subordinate statutes to a medical certificate and report internal investigation (personal and physical damage status of victims);

1. Relevant provisions of the Act concerning facts constituting an offense;