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(영문) 서울중앙지방법원 2018.04.18 2018고단938
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a BM3 car under the influence of alcohol concentration of 0.123% during blood transfusion on December 2, 2017, driving the BM3 car along the two-lanes between the eight-lane distance in the direction of Samsung Station distance from the spoco distance.

At the time, it was difficult to secure the view due to the late night time, so a person engaged in driving service has a duty of care to accurately manipulate the steering gear, brakes, etc. in advance and to safely proceed by making it possible for him/her to know the steering gear, steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the operation of the operation system in the front bank, and caused the victim D(34 ) driving in the front bank by negligence that failed to properly operate the operation system, and received the back part of the passenger car in the front part of the SM3 car.

As a result, the Defendant driven a MF3 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, tension, etc. of a trend requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a MF3 car at a section of about 500 meters from the Do near the Gangnam-gu Seoul F Station to the front road of Gangnam-gu Seoul, while under the influence of alcohol content of 0.123% during the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice 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. Article 62 of the Criminal Act:

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