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(영문) 서울중앙지방법원 2018.05.02 2018고단1847
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

1. On February 13, 2018, the Defendant was under the influence of 0.105% of alcohol during blood transfusion on February 13, 2018 and proceeded with four lanes in front of Gwanak-gu in Seoul Special Metropolitan City by driving B rocketing car under the influence of 0.105% of alcohol during blood at the 0.5%.

At the time, there was an intersection at which signals are installed in the front and the driver's duty of care to prevent accidents in advance by driving safely, such as seeing the front door and observing the signal, etc., on the person engaged in driving duty.

Nevertheless, the Defendant was found to be a victim D (57 Do, South) who was under the influence of the influence of the vehicle due to negligence while driving the vehicle under the influence of alcohol, but did not avoid the vehicle, and received the part behind the taxi in front of the rocketing car.

As a result, the Defendant driven a rocketing car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D such as chests, other salt, tensions, etc., which requires two-day medical treatment, and the victim F (ma, 26 years old) who is the son, suffered from the injury of the tensions, tensions, etc. which require two-day medical treatment.

2. The Defendant, while under the influence of 0.105% around the day specified in paragraph 1, driven a rocketing car from the front of Gwanak-gu in Seoul Special Metropolitan City to the scene of the accident described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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 Competition;

1. Imprisonment with prison labor for each choice of punishment;

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