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(영문) 서울동부지방법원 2018.12.19 2018고단3666
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. Around 01:30 on October 6, 2018, the Defendant driven B cruise car under the influence of alcohol content of about 0.223% from the 2km section from the 32-lane 17-ro, Gwangjin-gu, Seoul to the 209 children's large park front road.

2. The Defendant is a person who is engaged in the duty of operating a cruise car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 6, 2018, the Defendant driven the said car under the influence of alcohol content of 0.223% among blood transfusions on 01:30 on October 6, 2018, and proceeded with the roads in front of the 209 children's ridge-dong Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-ro), a ridge-ro 209.

At the time, a new wall is installed and a signal is installed. In such a case, the driver of the vehicle has a duty of care to prevent accidents by safely operating the steering system, such as accurately manipulating the steering and steering system, while living well on the front and right side of the vehicle.

Nevertheless, the Defendant, due to the occupational negligence of neglecting the driving of the pertinent cruise car due to the driving of alcohol, caused the victim C's left side part of the DBluri-ri car, which was waiting at the front of the right side of the pertinent cruise car, to be the front part of the signal at the front.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a report on the occurrence of a traffic accident, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Response to a request for appraisal;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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