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(영문) 서울북부지방법원 2018.10.04 2018고단2820
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of BMW car.

1. On May 26, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.160% in blood around 04:00 on May 26, 2018, while driving the said vehicle, and driving the vehicle in the direction of the home plpler in the direction of placing the road front of Seoul Jung-gu Seoul Metropolitan Government C at the roadside.

Since it is difficult to drive a motor vehicle normally due to the influence of drinking at the time and there is a signal, there was a duty of care to immediately stop the driving of the motor vehicle to a person engaged in driving the motor vehicle and prevent the accident in advance by safely driving the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected to do so and did so, despite the foregoing, was due to the negligence in progress, even if the Defendant was sent a red stop signal while driving alcohol, and received the front part of the victim D(55) driving, which was left left on the left side from the right side of the Defendant’s driving vehicle, into the rear part of the right side of the Defendant’s driving vehicle.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered from the victim’s injury, such as the mouths at the bottom of the left-hand aggregate in need of medical treatment for about four weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said car from the roads in Seoul Jung-gu, Jung-gu, Seoul to the point of the said accident at the same time and place as the preceding paragraph, while under the influence of alcohol content 0.160% in blood, and driving the said car from the roads in the Non-road in Seoul, Jung-gu,

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A traffic accident report (1) a actual survey report;

1. A medical certificate;

1. A report on the detection of a primary driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of the Act and subordinate statutes to a report on investigation (boom review);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts

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