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(영문) 서울중앙지방법원 2018.05.17 2018고단1838
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 20, 2018, the Defendant driving a BA6 car under the influence of alcohol concentration of 0.211% in blood around 14:00 on January 20, 2018, and led the Defendant to drive the BA6 car at an unfluened speed depending on the third parallel line from the bridge of the same as the Olympic Games.

In such cases, the driver has a duty of care to take the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to change the two lanes to the two lanes due to the negligence of changing the two lanes with the two lanes due to the negligence of the Defendant, followed the right side of the Dra car driven by the victim C ( South, 37 years old) and the two wheels part, followed by the left side.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as “catum, pelvis, and other parts of sacrine and tension,” which require the victim to receive approximately two weeks medical treatment.

2. Defendant 1 was under the influence of alcohol concentration of 0.211% during the blood transfusion during the above day, and Defendant 2 driven the said car from the Gangnam-gu Seoul Eastern Tridong Do to the above accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reporting of a traffic accident (1) (2);

1. Statement report on the circumstances of the driver placed in the main place and report on internal investigation (in relation to response to a request for appraisal of alcohol concentration in the blood);

1. Application of Acts and subordinate statutes to a report on investigation (related to submission of a written estimate for investigation) and a report on investigation (related to submission of a written diagnosis);

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of imprisonment with prison labor for the crime, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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