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(영문) 서울서부지방법원 2018.01.11 2017고단3152

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The Defendant is a person engaging in driving a car at a horse at C.

On July 2, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.135% in alcohol while under the influence of alcohol while driving at around 02:50 on July 2, 2017, and continued the said car to the Han River basin in front of Yongsan-gu Seoul Metropolitan Government D in the Han River basin of Taewon-won.

At the time, there were nights, and there were other vehicles running on the front door, so in such a case, there was a duty of care to look at the traffic situation of the vehicle well and to prevent accidents in advance by safely driving the vehicle on the front door.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle of the victim E(29) driving while driving the vehicle in the front of the vehicle without permission and found it late to stop the vehicle due to the pedestrians without permission, and the part of the victim E’s driver’s vehicle in front of the vehicle was shocked by the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim E and the victim G (28 tax) who was on the part of the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to the investigation report (main driver’s report) and the investigation report;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 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 each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.