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(영문) 서울서부지방법원 2018.10.18 2018고단2432
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

1. Around June 8, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving C rocketing car under the influence of alcohol of 0.139% in alcohol on the three-lane roads of the 279 Manpo-ro, Yongsan-gu Seoul, Yongsan-gu, Seoul, with a three-lane alcohol content in blood, and proceeded directly from the north to the south of the north, at a speed of about 60 km.

At the time, at night, the victim D(52) was driven by the victim D(52) in the front door, and therefore, the driver had a duty of care to properly operate the steering boat and the operation of the steering system.

Nevertheless, the Defendant neglected this and failed to operate the operation system properly under the influence of alcohol and was under the influence of the Defendant’s failure to operate the operation system at the front section of the instant Vietnam cruise car.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the crypumum fladum, which requires approximately three weeks of medical treatment, to the victim.

2. Around 22:02 on June 8, 2018, the Defendant driven the said rocketing car under the influence of alcohol content of 0.139% from the 6km section of Yongsan-gu Seoul, Yongsan-ro, Seoul, to the roads near the 279 Mapo-ro, Yongsan-gu, Seoul, while under the influence of alcohol by 0.139%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement report on the circumstances of the driver who is to take the main place, investigation report (report on the circumstances of the driver who is to take the main place), and appraisal report on alcohol during blood;

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

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 aggravated Criminal Act for concurrent crimes.

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