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(영문) 서울남부지방법원 2019.01.15 2018고단5798
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a Bice-type vehicle with blood alcohol concentration of 0.144% while under the influence of alcohol around 19:55, and led the front way of the Doksan 2-dong community center located in Geumcheon-gu Seoul Metropolitan Government to the direction of the bank tree-type distance from the edge of the Gu telephone station.

At the time, the vehicle was stopped at night and at that time, and there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear in a clear spirit.

Nevertheless, the Defendant, as seen above, driven a vehicle in a situation where normal driving is difficult, such as galming and smelling, driving the vehicle in a state where it is difficult to drive the vehicle, and changing the two-lane from the two-lane to the one-lane, followed the back part of the DNA car driven by the victim C (hereinafter referred to as "W, 44 years old) who is in the atmosphere of the vehicle in front of the Defendant’s driving vehicle into the front part of the vehicle. The Defendant saw the back part of the D car driven by the E in front of the vehicle in front of the vehicle in the future with the shock of the said D car, and led to the back part of the F rocketing or other vehicles in front of the vehicle.

As above, the Defendant suffered injury to the victim C by negligence in the course of driving a vehicle while driving the vehicle in a situation where normal driving is difficult due to influence of drinking, such as chest dump, tension, etc.

2. The Defendant was under the influence of alcohol 0.144% of the blood alcohol level at the time and time specified in paragraph (1) of the Road Traffic Act, and the Defendant driven Category B 2 km from approximately 2 km to the roads near the Geumcheon-dong Donsan-dong Donsan-dong Donsan-dong Donsan-dong 2-dong dong Donsan-dong 2-dong Do

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. On-site photographs;

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