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(영문) 서울중앙지방법원 2018.07.25 2018고단3462

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving of a vehicle B in large amount.

On April 26, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.237% during blood transfusion around 01:50, and led to a five-lane road near MM apartment at Dongjak-gu, Seoul Metropolitan Government, Seoul, to proceed to the boundary of the sublim room at the upstream.

At the same time, as D(51) Roster vehicles of C(51) driving are in the atmosphere in accordance with the new code, the Defendant, who is engaged in driving, had a duty of care to prevent traffic accidents by accurately manipulating the steering gear and operating the steering gear in a clear mental condition, and thus, he/she had a duty of care to prevent traffic accidents.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving the said vehicle in a state where normal driving is difficult, and caused the part of the back part of the Daz vehicle to the front part of the Dozed vehicle. Accordingly, the Defendant shocked the back part of the Dozed vehicle of the victim E (65 Dozed vehicle) driving.

As a result, the Defendant suffered injury to the victim C, such as fluoral salt, which requires approximately two weeks of medical treatment, and injury to the victim E, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, etc.;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written appraisal of alcohol during blood;

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, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act for mitigation of quantity;