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(영문) 서울남부지방법원 2018.11.01 2018고단4233

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 1, 2018, the Defendant driven a low-speed car B around 22:10, and led to the opening of the road near Guro-gu Seoul Metropolitan Government to the opening of the D church.

At all times, there is an intersection where signal apparatus is installed, so in such cases, the driver has a duty of care to live well on the front side and to accurately manipulate the brake system to prevent conflict with the vehicles, etc. standing in the signal atmosphere.

Nevertheless, the Defendant neglected to perform the above duty of care and continued to run under the influence of alcohol content of 0.170% in blood, and had the front part of the FST5 car, which was driven by the victim E (48 tax) who was parked in the signal waiting at the front of the mash, while driving in the signal waiting at the front of the mash.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and caused the victim to suffer injury such as the crypum finite which requires treatment for about two weeks, and driving a low-speed motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. (1) A traffic accident report, an actual investigation report, and a report on the occurrence of a traffic accident;

1. Inquiry into the results of regulating the driving of drinking, a statement made under the circumstances of the driver of drinking, and a ledger using the measuring instruments for drinking;

1. All CCTV-cap photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where the basic area (from April to one year) is special mitigated (aggravating): In cases of minor injuries (one type) / In cases of driving, etc. under the influence of alcohol, etc.;

2. Determination of sentence;