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(영문) 서울중앙지방법원 2018.07.13 2018고단3360

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On March 23, 2018, the Defendant was under the influence of 05:05:193% of alcohol concentration in blood in light of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the EMW car on March 23, 2018, and led the Defendant to drive the EMW car along the influence of 0.193% of alcohol concentration in his blood, along with the five-lanes prior to the Seoul Seocho-gu Seoul Seoul Seoul Seoul Arts Center, along the flow of 2395 art center in the face of Seocho-

At the time, there was an intersection where signal apparatus was installed, so the person engaged in driving service has a duty of care to observe the signal, properly see the front door and safely drive the accident, thereby preventing the accident from occurring.

Nevertheless, the Defendant was negligent in entering the intersection in contravention of the signal while neglecting the influence of alcohol and received the front panion of the victim FF ( South, 60 years old) driving that was left left to the left from the back of the back of the back of the station at the right angle of the road by the negligence of entering the intersection in contravention of the signal, and thereby making it the front panion of the BM car.

As a result, the Defendant driven the BMW car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc., in need of approximately 2-3 weeks medical treatment for the victim.

2. Defendant 1 was under the influence of alcohol concentration of 0.193% in blood during the above day, and Defendant 2 driven BMW car from the 5km to the place of accident on the road near the station in Gangnam-gu Seoul, Gangnam-gu to the point of accident.

Summary of Evidence

1. Defendant’s legal statement

1. A statement on the occurrence of the F traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (Confession, confession, etc.);