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(영문) 서울서부지방법원 2018.03.29 2017고단3919
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who drives a benz car.

On November 21, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.137% during blood transfusion, and driven the two-lane road in front of Yongsan-gu Seoul Metropolitan City from the side of each area of Samwon-won to the 40km long from the side of each area of Yongsan-gu, Seoul.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle under the influence of drinking, and the driver of a motor vehicle shall not drive the motor vehicle in a state where normal driving is impossible due to the influence of drinking, and shall check whether the motor vehicle has a motor vehicle traveling through the intersection by reducing speed and checking it well, and shall safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to turn to the left from the edge of the vehicle stop signal at the time when the vehicle stop, and received the front portion of the Estststal car driven by the victim D(54 ) which was driven by the victim D(54 ) to the distribution bridge in accordance with the Ethal No. Madar No.

As a result, the Defendant suffered injury to the driver of the victimized vehicle D, such as cryp, scar, and scarlete, which requires approximately three weeks of treatment by occupational negligence as above, and the Defendant suffered injury to the driver F of the victimized vehicle, such as cryp and tension, which require approximately two weeks of treatment by the passengers of the victimized vehicle (43 ).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of D traffic accidents, and F statements;

1. Investigation report on actual conditions, notification of the results of crackdown on drinking driving, and application of each written diagnosis to statutes;

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 Concurrent Crimes [inter-crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving)].

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