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(영문) 서울중앙지방법원 2018.11.12 2018고단5371

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 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 B lele-car.

1. On May 26, 2018, the Defendant driven the said vehicle under the influence of alcohol content 0.143% while under the influence of alcohol while driving the vehicle, without obtaining a driver’s license, from around 06:03 minutes around the Gangnam-gu Seoul Metropolitan Government (Seoul), to around 58:47 degrees, Gangnam-gu, Seoul, to around 58:03 minutes.

2. 특정범죄 가중처벌 등에 관한 법률위반( 위험 운전 치상) 피고인은 2018. 5. 26. 06:03 분경 혈 중 알콜 농도 0.143% 의 술에 취한 상태로 위 승용차를 운전하여 서울 강남구 도 곡로 127 앞 도로 편도 3 차로 중 2 차로를 도곡동 골프로 데 오사거리 쪽에서 뱅뱅 사거리 쪽으로 알 수 없는 속도로 진행하였다.

At the time, the Defendant sought to change the course into three lanes, and thus, the Defendant was obliged to operate a direction, etc. as a person engaged in driving service, give prior notice of change of course, and take into account the traffic conditions before and after, and after, the Defendant had a duty of care to change the course.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course to a three-lane without considering the traffic situation of the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of output of the measurement of drinking alcohol, and of the results of regulating drinking driving;

1. The driver's license ledger;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.