(영문) 서울서부지방법원 2018.11.15 2018고단2870

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(영문) 서울서부지방법원 2018.11.15 2018고단2870

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. The Defendant is a person who is engaged in driving of a motor vehicle B in high-speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 17, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.188% during blood transfusion, and driven the three-lane road in front of Seodaemun-gu Seoul Metropolitan Government, Seomun-gu, Seoul, at a non-speed speed along the red scopic tunnel from the direction of the opposite intersection to the red scopic.

At the same time, there was a vehicle that stops due to traffic congestion, so in such a case, the driver had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol, by neglecting the duty of the front-time driver in a state where it is difficult to drive normally due to the influence of alcohol, and due to negligence, committed the victim D(36 tax) who stops due to the traffic congestion in the front-time bed part of the EK7 car that was driven by the Defendant.

Ultimately, the Defendant driven the above vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim’s injury of light chills and tensions that require approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle B with a blood alcohol concentration of about 10k from the section of approximately 10k to the front road of Seodaemun-gu Seoul Western-gu, Seoul, in a manner of under the influence of alcohol of about 0.188%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Relevant Article of the Act and the aggravated punishment, etc. of specific crimes as to the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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