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(영문) 서울북부지방법원 2018.04.26 2018고단484
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a Bbee cruise car.

On January 10, 2018, the Defendant driven the said car with alcohol content of 0.273% while under the influence of alcohol without a driver’s license on January 10, 2018, and moved the front road of Seongbuk-gu Seoul Metropolitan Government to the opening of the road from the right edge of the hospital in consideration of Seoul.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well look at the front side and the left side, and accurately operating the steering and brakes, etc.

Nevertheless, the Defendant neglected to drive a car normally due to influence of drinking, and neglected to do so and neglected to make a right-hand turn due to the negligence of bypassing the radius from the front side of the arm's length, and led the victim D(51) who makes a left-hand turn from the front side of the arm's length hospital in Korea-U.S. Hospital (51) to the left-hand turn.

Ultimately, the Defendant suffered injury to the victim, such as cage cage cages at the left-hand side in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Report on the circumstances of driving at home, report on the detection of the driver at home, report on the circumstances of the driver at home, and investigation report (report on the circumstances of the driver at home);

1. Fact-finding reports and inquiry into the ledger of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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