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(영문) 서울중앙지방법원 2018.06.20 2018고단1915
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. On February 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B-wing and 3 cargo vehicle while under the influence of alcohol concentration of 0.138% in blood at around 00:30 on February 3, 2018, and continued four lanes in front of Gangnam-gu Seoul Metropolitan City according to the fourth parallel of the Gu schina line from the schina distance to the schina distance.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by safely operating the steering system, such as thoroughly viewing the front door and accurately operating the steering system.

Nevertheless, as long as the Defendant neglected to do so under the influence of alcohol while driving on the front bank, the Defendant, by negligence, conflicted with the part of the front part of the Defendant’s vehicle following the EKafa car driven by the victim D (V, 48 years old) who was driven in the front bank.

As a result, the Defendant, while driving the said cargo in a state where normal driving is difficult due to influence of alcohol, suffered injury such as “bral finite,” etc., which requires approximately three weeks of medical treatment to the victim D, and suffered injury to the victim FF (the age of 51) who was on board the finite, for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act, while under the influence of alcohol content of 0.138% in blood without a driver’s license on the above day, driven the above cargo vehicle at a section of approximately 1.8 km from the front of the packing end in the Gangnam-gu Seoul Southern Station to the scene of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a statement on the occurrence of a traffic accident;

1. Statement report, investigation report, and receipt for the measurement of drinking alcohol on the circumstances of the driver who is to be placed in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act, Article 152 of the Road Traffic Act concerning criminal facts.

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