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(영문) 서울중앙지방법원 2018.06.22 2017고단5962

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

Reasons

Punishment of the crime

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

On June 16, 2017, the Defendant, while under the influence of alcohol content of 0.153% during blood transfusion around 02:50 on June 16, 2017, proceeded in the front of the apartment site of 218 Gyeongnam-ro, Seoul, Gangnam-gu, Seoul, with the shooting distance in the office of 1 East-gu, Seoul, a remote distance from the long-distance bank.

In such a case, the same driver as the defendant had a duty of care to care in preventing accidents by safely driving the right and the left and right of the career.

Nevertheless, there was a conflict between the back portion of the victim C(56)'s rocketing car, which was in the front of the drinking-free car, and was in the front of the victim C(56)'s rocketing car in the front of the drinking-free car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) was driving at a level of about 500 meters from Seocho-gu Seoul, Seocho-gu, Seoul to the upper end of 218, while under the influence of alcohol with 0.153% of alcohol during blood at the same time as paragraph 1.

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the same time and place as Paragraph 2, operated a vehicle with soflurged B without mandatory insurance.

Summary of Evidence

1. A protocol concerning the suspect of the defendant;

1. A written statement on the occurrence of C traffic accidents;

1. A medical certificate;

1. Inquiry into mandatory insurance;

1. Application of the Act and subordinate statutes to the Investigation Report (Bad Application);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving, the choice of imprisonment), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking, the choice of imprisonment), Article 46(2)2 of the Guarantee of Automobile Compensation Security Act.