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(영문) 서울남부지방법원 2018.06.19 2018고단1825

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. Around 00:10 on March 7, 2018, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.15% from the 10km section to the front road of Yeongdeungpo-gu Seoul Metropolitan Government Newdo Forest Station: (a) around 00:10 on the 10km section from the 10km section to the front road of Geumcheon-gu Seoul Metropolitan Government.

2. Around 00:10 on March 7, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rocketing car on the two-lane road in front of Geumcheon-gu Seoul Metropolitan Government, under the influence of alcohol concentration of 0.15% in blood, and led the Defendant to drive the said rocketing car along the front intersection of the Geumcheon B, Geumcheon-gu, Seoul, along the one-lane.

At the time, there are nights, and there are other vehicles in front, so the driver of the vehicle has a duty of care to regulate the speed of accurately operating the brake and steering gear and drive it in advance and safely.

Nevertheless, the Defendant, while driving under the influence of alcohol without giving a proper view to the front side while driving it, was driven by the victim D(36 tax) who was driving into the second two-lane after receiving the center separation unit in the left side, and went into the second-lane, and was driven by the victim D(36 tax).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D, such as light dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Accident vehicles and on-site photographs;

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

1. Investigation report (to hear statements from a victim by telephone);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts