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(영문) 서울중앙지방법원 2019.01.11 2018고단7314
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 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 a ASEAN car.

1. On September 29, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car under the influence of alcohol level of 0.154% on blood alcohol level on September 29, 2018, while driving the said car at a speed that makes it impossible to know one-lane between the four-lanes in the direction of the Gundong-dong, Mapo-gu, Seoul and the direction of the Gundong-dong, Dongdaemun-do.

At that time, since a large number of vehicles are driving, the driver had a duty of care to drive safely by viewing the front side and the left side and accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a two-lane on the left side and the right side of the Defendant’s driving of the victim C(58 years old) who driven a two-lane in the same direction as the Defendant by negligence.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as climatic salt, which requires approximately two weeks of medical treatment, from the victim E (the age of 48) who boarded the damaged vehicle, which requires approximately two weeks of medical treatment, and from the victim F (the age of 36) who boarded the damaged vehicle for about two weeks of medical treatment.

2. On September 29, 2018, between around 00:00 and around 00:30 of the same day, the Defendant driven the said car under the influence of alcohol content of about 0.154% from the front of the public parking lot in Mapo-gu Seoul, Mapo-gu, Seoul to the circulation, distribution,1 intersection, and front road of the Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Vehicles involved in accidents and photographs of damaged vehicles;

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