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(영문) 서울동부지방법원 2018.07.11 2018고단1525
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B, Grandroth.

On April 19, 2018, the Defendant was under the influence of alcohol content of 0.154% during blood transfusion, and the Defendant was driving the said Lone Star Co., Ltd. with the same alcohol content of 0.154%, and led the Defendant to drive the said Lone Star Co., Ltd. with one-lane of the front end of Seoul Songpa-gu at an insular speed depending on the rate of 1-lane as much as it is from the 6rd side of the sex.

At the time, there was an EMW vehicle driven by the victim D(43) in the front section, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle with a safe distance.

Nevertheless, the Defendant neglected this and neglected to drive in a state where normal driving is difficult due to the influence of drinking, caused the victim to suffer injuries, such as salt pans, tensions, etc. in need of treatment for about two weeks by taking the back part of the above BMW vehicle in the front room.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a report on measurement of drinking alcohol, and a medical certificate;

1. Penalty provision - Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-22 and 44-1 of the Road Traffic Act - Selection of imprisonment, respectively;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Social services and other criminal laws 62-2;

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