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(영문) 서울중앙지방법원 2018.07.19 2018고단2561

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 February 14, 2018, the Defendant was under the influence of alcohol at 01:24% of alcohol during blood, and the Defendant was driving a DNA-learning car with four lanes prior to the Seoul Seocho-gu Seoul Seocho-gu Seoul Arts Center, in the direction of the Seoul Arts Center, using the second parallel line from the distance of the art center to the distance of the art center.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to prevent accidents by safely driving by safely driving the vehicle, such as complying with the steering gear and accurately manipulating the steering gear.

Nevertheless, the Defendant, while neglecting this, fK5-si in the case of the victim E (Seoul, 47 years old) who fellings the central line and proceeds normally with the first line while driving a while under the influence of alcohol by his negligence, was able to see the victim E (Seoul, 47 years old), and the Defendant’s vehicle feling along the second line due to his shock and driving along the second line.

G Driving was translified by H and became a part behind a passenger car.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer a bodily injury, which requires about 10 weeks medical treatment.

2. Defendant 2 was under the influence of alcohol concentration of 0.167% during the blood transfusion during the above day, and Defendant 2 driven the said car from approximately 5 KK to the place of the accident from the Do in the south-gu Seoul Southern-ro, Nam-gu, Seoul, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Investigation report, notification of the results of regulating the driving of drinking alcohol (blood collection result), report on internal investigation (request for appraisal of blood collection), and report on internal investigation (the application of the aforementioned dmark formula);

1. A photograph of the accident scene and a vehicle photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;