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(영문) 서울서부지방법원 2018.12.13 2018고단3440

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a motor vehicle of DWts.

On September 26, 2018, the Defendant driven the said car under the influence of alcohol level of 0.129% among blood transfusion around 00:47, and led to a seven-lane road in front of the Han River in the Han River in Yongsan-gu Seoul, Yongsan River, Yongsan-gu, Seoul, along with one-lane in the northwest of the Han River.

At the time, vehicles are at night and at the front door, and in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation in the front door and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and found the Fchip car of the victim E (the 35-year-old) driving, which was standing in the signal air on the front bank due to negligence while driving it, late, operated the Fchip car, but did not operate the U.S., and did not operate the fchip car, and caused the back part of the fchip car to the front part of the fchip car.

Accordingly, under the influence of alcohol, the Defendant suffered injury to the victim E, such as salt fluoral dynasium, which requires approximately two weeks of medical treatment for the victim E due to the foregoing occupational negligence, and the victim G (36 years of age) who is the fluoral passenger of the fluor vehicle, due to the fluoral dynasium, which requires approximately two weeks of medical treatment.

2. On September 26, 2018, the Defendant was under the influence of the alcohol level of 0.129% from blood alcohol level around 00:47 on September 26, 2018, the Defendant driven Dbenz’s car at the 1.2km section from the front of the 71-gil 10 Han River, Yongsan-gu, Seoul, to the front of the 26 Han River Treatment Tramp, under the influence of the alcohol level of 0.129%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of a primary driver;