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(영문) 서울중앙지방법원 2018.08.29 2018고단4062

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 who is engaged in driving of Bknife car.

On May 19, 2018, the Defendant operated the said vehicle under the influence of alcohol content of 0.199% during blood transfusions on May 19, 2018, while normal operation is difficult, and made the front road of Gangnam-gu Seoul Metropolitan Government turn to the left from the erode of the erode of the erode at the surface of each salary tunnel.

At the time, the above road was installed with the center line of the real line, so the defendant engaged in driving of the motor vehicle had a duty of care to prevent the traffic accident by driving the motor vehicle without exceeding the center line in a clear mental condition that is not drunk.

Nevertheless, the Defendant neglected this and caused the collision to the left side of the E-si driving vehicle of the victim D(59) who was operating in the opposite line due to the negligence of driving beyond the central line, and caused the cub vehicle to the G of the victim F(53) who had the signal waiting in the opposite line, and continuously caused the cub vehicle and I BM vehicle of H(36) driving in the opposite line, respectively.

As a result, the Defendant suffered injury to the victim D, such as catum fat, which requires approximately two weeks of medical treatment, injury to the victim F, such as catum fat, which requires approximately two weeks of medical treatment, injury to the victim J (52) who was on board the cats vehicle, which requires approximately two weeks of medical treatment, and injury to the catum fat, which requires approximately three weeks of medical treatment to the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of regulating drinking driving;

1. Evidence photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;