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(영문) 서울북부지방법원 2018.04.26 2018고단619

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

1. The Defendant is a person who is engaged in driving the Clearning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 10, 2018, the Defendant operated the above car at around 17:40, and had the main road in front of the 38-dong apartment, Nowon-gu, Seoul, the same as Nowon-gu, 175-gil 38, one thousand intersections from the hill bank in the month, and proceeded along two laness among three-lanes.

A person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, Defendant D (64 years old) was driven by the victim D (64 years old) who was under the influence of alcohol while driving in the same lane as it was due to the negligence that the Defendant was under the influence of alcohol and was under the influence of normal driving.

E The E test has received a car as the above-learning car and suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. Defendant 1 driven a C-learning car under the influence of alcohol concentration of 0.116% in a section of about 15 km from the southwest-si in Seoul Special Metropolitan City to the same 38-lane in Nowon-gu, Seoul Special Metropolitan City at the time of the day specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The circumstantial statement report on the driver at a driving school, the report on the detection of the driver at a driving school, the inquiry of the results of crackdown on the driving of drinking, and investigation report (the application of the aforementioned drone formula);

1. A medical certificate;

1. Application of accident video CD-related Acts and subordinate statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

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, the suspension of execution;