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(영문) 서울동부지방법원 2019.05.09 2018고단3265
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Criminal facts

The defendant A is a person who is engaged in driving of a Malaysia car.

1. On July 11, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) took the front of Gangnam-gu Seoul Metropolitan Government D road exemption from the number containing ingredients, such as stroke-mm, psychotropic drugs, and driving the said vehicle while under the influence of alcohol with a blood alcohol concentration of 0.060%, while driving the said vehicle at a four-lane road at one lane, and driving the said vehicle at a ero-distance distance from the E Station distance.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as maintaining normal physical condition that the driver can drive the motor vehicle, while maintaining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this due to alcohol and drugs and did not look at the G cargo vehicle driven by the injured F (58 years of age) who is driven by the victim F (58 years of age) from the rear side of the Defendant, and received the parts of the said cargo vehicle from the rear side of the said vehicle due to the negligence of the sudden back of the Ethro-distance.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol and drugs, and suffered from injury such as climatic salt, tension, etc. which requires approximately two weeks medical treatment to the victim F.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act at the time and time set forth in paragraph (1) of this Article, in the section from Gangdong-gu Seoul Metropolitan Government H to the front road of Gangnam-gu, about 9km, used exemption from the number containing ingredients such as psychotropic drugs such as strokem, and driven the said vehicle while under the influence of alcohol with a blood alcohol concentration of 0.060%.

Accordingly, the defendant was driving a motor vehicle under the condition that he could not drive a motor vehicle normally due to alcohol and drugs.

"2018 Highest 3492"

1. Defendant B A.

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