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(영문) 서울서부지방법원 2018.08.16 2018고단1128

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person engaged in driving a C-V 2.0D diesel car.

On March 3, 2018, the Defendant driven the said vehicle under the influence of 0.230 percent alcohol in blood without obtaining a driver's license on March 22 and 10, 2018, while normal driving is difficult due to the alcohol concentration of 0.230 percent in blood, and the Defendant driven the two-lanes of the four-lanes in front of the 175 Yungung-dong in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, in a three-lane distance from the enclosed border.

At the time, there were night vehicles, waiting in the front direction of the defendant's proceeding and stopping vehicles.

In this case, the driver of the vehicle has a duty of care to observe the right and the right and the right and the right and duty of care to prevent accidents by accurately operating and safely operating steering devices and brakes.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, did not view the right and the right of the front and the right of the front, was sent to the front direction of the Defendant’s driving, waiting for the signal at the front direction of the Defendant’s driving, and the rear part of the victim D(49) driving, who was under the stop, was in front of the car of the Defendant’s driving.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim D, such as dump dume, tension, etc., which requires a two-day medical treatment, and suffered injury to the victim FF (54 years old) who was on board the said taxi for about two weeks, such as cump dume, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a statement on the circumstances of drivers working at the main place, investigation report (report on the circumstances of drivers working at the main place), actual condition survey report, driver's license register, diagnosis certificate, general medical certificate, and report on detection of drivers working at the main place (Evidence Record 58 pages);

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.