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(영문) 서울동부지방법원 2019.02.22 2018고단4266

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

Reasons

Criminal facts

1. On November 24, 2018, the Defendant was under influence of the blood alcohol concentration of 0.113% at around November 24, 2018, the Defendant driven B Poter II cargo from the 15km section around the roads near the main Dong of Yeongdeungpo-gu Seoul Metropolitan Government to the epoch urban rapid speed of 27m from the roads near the main Dong of Yeongdeungpo-gu to the epologic city of Songpa-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dental Driving) tried to change the vehicle into three-lanes, without turning on the direction, etc. while driving the vehicle into two-lanes in the direction of subdivision in the direction of subdivision in the direction of subdivision in the direction of subdivision in the direction of subdivision in Seoul Songpa-gu, while driving the vehicle as stated in paragraph (1) with the freight concentration of 0.113% in the blood alcohol level as stated in the above paragraph (1) while normal driving is difficult due to the temporary border as stated in the above paragraph (1), and driving the vehicle into the right side of the defendant's driving.

Accordingly, the Defendant suffered injury to the victim C, such as salt ties, tensions, etc. in need of treatment for about two weeks, and injury to the victim E (V, 19 years old) who was on board the victim C’s car at the victim C, such as salt ties, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. CWritten statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

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

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) of the same Act.