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(영문) 서울북부지방법원 2018.08.16 2018고단2625

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 00:15 on April 7, 2018, the Defendant driven CEX car while under the influence of alcohol content of about 0.211% at the section of about 3.5km from the road near Dlimland located in 166, Seongbuk-gu, Seoul, to the front road in Seoul Special Metropolitan City, Nowon-gu, at around 0:25 on the same day.

2. Around 00:25 on April 7, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a CEX car at the 0.211% alcohol level in blood while under the influence of alcohol level 0.211% on the front road of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and led the Defendant to drive the CEX car along the four-lanes in the direction of the flow direction of the CY at the backside of the entrance of Tae-gu.

At the time of the defendant's front side, the victim D(33) car driven by the victim D(33) was stopped pursuant to the vehicle stop signals, and thus, the driver of the motor vehicle had a duty of care to prevent the accident by accurately manipulating the brake system while maintaining the safety distance with the vehicle ahead.

Nevertheless, the Defendant failed to detect the above damaged vehicle due to negligence while under the influence of alcohol without neglecting it, and received the part of the damaged vehicle in front of the vehicle driving by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

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

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the same Act concerning facts constituting an offense;