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(영문) 서울남부지방법원 2018.11.06 2018고단4356

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

Reasons

Punishment of the crime

1. On June 9, 2018, the Defendant driving a B-hand typ vehicle under the influence of alcohol level of 0.192% in the blood transfusion around 19:10 on June 19, 2018, and driving a two-lane between the two lanes in the direction of new ICT in the south of Gangseo-gu Seoul Metropolitan City, the south side of the 223 public demand unit, along the south side of the 223 military demand unit, along the south side of the license examination site.

There is a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear in a clear spirit as a person driving a motor vehicle on the front section with signal lights.

Nevertheless, the defendant, as mentioned above, driven the vehicle in a situation where normal driving is difficult, such as a red, non-fluoring, and snowing, by the negligence of driving the vehicle in a state where normal driving is difficult, and the victim C (59 years old) who stopped the signal waiting on the front side of the vehicle, found late after the driver, and concealed the back part of the damaged vehicle by the front part of the vehicle operated by the defendant.

As a result, the Defendant suffered from the foregoing occupational negligence to the victim C and the victim E (V, 53) who is the passenger of the above victim vehicle, respectively, about two weeks of chills and tensions in need of treatment.

2. Violation of the Road Traffic Act (drinking driving) driving a vehicle with two highest alcohol level of about 10km in the section of about 10km from the construction site in the construction site in the city of Kimpo-si, Kimpo-si, Kimpo-si, Seoul, to the south-si, Nam-gu, Nam-gu, Seoul, the Southern-ro, Nam-gu, the Southern-ro, the south-ro, the south-do, the south-do, the lower alcohol level of which is 0.192

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. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating 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.