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(영문) 서울서부지방법원 2019.01.24 2018고단3873

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving B-wing and high 3 cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 13, 2018, the Defendant driven the above cargo vehicle with a blood alcohol concentration of 0.141% 0.1%, while under the influence of alcohol on September 13, 2018, and driven the 4-lane road in the ambscopon distance in Mapo-gu Seoul Metropolitan City at a non-speed speed depending on one lane towards the digital media City from the direction of the World Cup tunnel.

At the time of night, the front door door door door door door door door door door door door door door door door door door door door line is installed at the center of the road, so a person engaged in driving of a motor vehicle has a duty of care to see the front door well and to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant received the left-hand part of the DK5 car driven by the victim C(the age of 33) who was in the opposite direction due to the negligence of the center line, from the Defendant’s cargo driver, and continued to run two-lanes in the opposite direction, and received the part of the F QM3 car driven by the victim E(the age of 44) who continued to run two-lanes in the opposite direction.

Ultimately, the Defendant, while driving a motor vehicle with the cargo in a situation where normal driving is difficult due to the influence of drinking, was driving the motor vehicle due to the above occupational negligence, and suffered injury, such as dump dump, tension, etc., for about two weeks to the victims.

2. Around 00:43 on September 13, 2018, the Defendant driven the B-wing three cargo vehicles at a section of about 5km from the roads located in Geumcheon-gu Seoul Metropolitan Government Franchiscison, where he/she was under the influence of alcohol concentration of 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. The circumstantial statement of the employee;

1. Each written diagnosis shall be subject to the law.