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(영문) 서울서부지방법원 2018.06.05 2018고단850

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

The Defendant is a person engaging in driving a BMW car.

On February 11, 2018, at around 04:10, the Defendant driven the above vehicle while under the influence of alcohol concentration of 0.152% in blood on the front of Eunpyeong-gu Seoul Metropolitan Government on the road, and led the Defendant to proceed along the two-lanes between the 4-lanes of old wave from the breath of the breath of the breath of the breath of the year.

At the time, there was a duty of care to see the front side and accurately operate the steering gear and the brake system and to proceed safely because the driver was at night and there was a vehicle waiting for signal on the front side of the defendant's moving direction.

Nevertheless, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, neglected to drive the motor vehicle on the front side, failed to properly operate the brakes, and sent the signal to the front side of the Defendant’s driving direction by negligence, and received the back part of the motor vehicle in the motor vehicle in front of the Defendant’s driving vehicle.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered injury, such as cathere, tension, tension, etc., from the victim F, who was on board the said victim D and D, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes, such as a statement on the situation of the driver working at the main place, vehicle and field photograph, report on traffic accidents, and report on the actual condition of the vehicle;

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. The former part of Article 37 of the Criminal Code, and Article 38.