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(영문) 서울중앙지방법원 2018.10.12 2018고단4799

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

[criminal history] On October 2, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Western District Court on the grounds of violation of road traffic laws, and on October 16, 2009, the Seoul Central District Court issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) and violated Article 44(1) of the Road Traffic Act not less than twice.

[Criminal facts] The Defendant is also a person who is engaged in driving sports cars.

On July 9, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.160% during blood transfusions, and driven the road of three-lanes in front of the gender of Gangnam-gu Seoul Metropolitan Government at the 199-ro, and driven the road along one-lanes in front of the sex of the other in the direction of the water basin.

At the time, since it is at night, there was a duty of care to prevent accidents in advance by seeing the front side and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant: (a) was able to drive a sports vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, such as a narrow distance; (b) was driven by a sports vehicle in the above co-section; and (c) was changed rapidly from one lane to three lanes; and (d) was due to the negligence that C bus stops in front of the Defendant’s running direction while at a speed, and continued without reducing the speed, the rear part of the bus was received as the front part of the above co-section sports vehicle.

Ultimately, the Defendant suffered injury to the victim D (26) who was on board the bus due to the above occupational negligence, for approximately two weeks of light-based medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1);

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

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Data on the measurement of drinking alcohol;

1. An accident scene photograph;

1. Investigation report (the above dmark official cases);

1. A medical certificate;

1. Written inquiries, such as criminal history;