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(영문) 서울중앙지방법원 2019.02.12 2018고단7642

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 29, 2018, around 06:15, the Defendant appears to have been prosecuted for 0.166% since the result of the official application of the Badmark on the records around 0.166% of blood alcohol content was written by the Prosecutor at 0.168% prior to the application of the Badmark formula, and the Defendant was favorable to the Defendant.

While driving the above vehicle while under the influence of alcohol, it became possible to enter the bomb intersection in the bomb, a two-lane road by side of the Jidong Sugdong, Gangnam-gu, Seoul, along two-lanes from the side of the ballle park.

Since there is an intersection with a signal apparatus, there was a duty of care to safely drive the vehicle in accordance with the signals while driving the vehicle to a person engaged in driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not see that the signal of the Defendant’s moving direction has been changed in red color while driving a motor vehicle while driving a motor vehicle, and did not turn to the left from the left left at the right edge of the signal apparatus at the opposite direction of the Defendant’s moving direction due to negligence, the part on the right edge of the victim C(37 years of age) drive DomW, which turned to the left left at the right edge of the signal apparatus at the right edge of the signal apparatus of the Defendant’s driving vehicle.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

2. The Defendant was under the influence of alcohol concentration of 0.166% on the date and time set forth in paragraph (1) of this Article, and was driving B Poter truck from a section of about 31 km from the front of Gangseo-gu Seoul Metropolitan Government Embromb, Gangnam-gu, Seoul, to the shotbol B B.

Summary of Evidence

1. The defendant's legal statement; 1.1.