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(영문) 서울서부지방법원 2018.07.19 2018고단1239
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

The defendant is a person who is engaged in driving a car in B SP area.

On March 10, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.117 percent during blood transfusion, while normal driving is difficult, and driven the front road of the Seocho-gu Seoul Mapo-ro 19-ro, Mapo-gu, Mapo-gu, Seoul, on the 5-lane north bank of the World Cup, from the 5-lane north bank of the World Cup to the 7-lane north bank of the World Cup.

At the time, there was a vehicle that had been at night and had been proceeding in the opposite direction of the defendant's proceeding.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by viewing 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 of operation

Nevertheless, the defendant neglected this and did not see the right and the right and the right of the front while proceeding in the direction opposite to the defendant's running direction, and received the front portion of the DNA motor device bicycle riding in the victim C (44 ) driving which was proceeding in the direction opposite to the defendant's driving direction.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury such as the left-hand slots that require approximately six weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition, on-site photographs, a statement on the situation of the driver in charge of the main duty, an investigation report (a report on the driver in charge of the main duty)

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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:

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