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(영문) 서울남부지방법원 2018.05.24 2018고단1796

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives B car sirenⅡ in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 31, 2018, the Defendant driven the above vehicle under the influence of alcohol level of 0.118% during blood alcohol level on March 18, 2018, while normal driving is difficult, and driven the two-lanes in front of the so-called Seoul Guro-gu Seoul, the center of Guro-gu, Seoul, with two-lanes in front of the so-called So-gu apartment at the center of the 101, and proceeded along the one-lanes by the intersection of the two boxes.

In such cases, a driver of a motor vehicle has a duty of care to report the traffic situation well and safely drive the motor vehicle to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(37) who was under a stop in the same direction and was driven by the victim C(37) prior to the same direction, and the Defendant was driven by the front driver of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of a four-day medical treatment due to negligence in driving while under the influence of alcohol, and injury to the victim E (V, 36) on board the steering boat of the damaged vehicle, such as light dump, tension, etc. in need of a two-day medical treatment.

2. The Defendant was driving the vehicle under the influence of alcohol level of 0.18% at a distance of about 300 meters from the roads front of the high-speed apartment of Guro-gu Seoul Metropolitan Government, Guro-gu to the roads front of the high-speed apartment of 101 blue-ro, Guro-gu, Seoul at the time of the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

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 (each of them) as to the crime committed under the relevant Article of the Act.