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(영문) 서울남부지방법원 2018.09.11 2018고단3612
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 June 21, 2018, the Defendant: (a) driven a e-sports car in the state of alcohol alcohol concentration of about 0.20% from a 400-meter section from around C cafeteria located in Gangseo-gu Seoul Metropolitan Government to the front of the same Gu, around June 21, 2018.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was unable to drive normally while under the influence of 0.204% alcohol during blood at the time indicated in paragraph (1) as above, despite having difficulty in driving normally, the Defendant driven the said benz car at a remote distance at the entrance of the mouth of the Gu office of Gangseo-gu Seoul Metropolitan Government, leading to the non-speed speed at the bottom of the Han-gu apartment bank.

Although the Defendant had a duty of care to thoroughly see the right and the right and the right and the right, to accurately operate the steering direction and brakes, and to prevent accidents in advance, the Defendant was driven by the victim F(333) who was under the influence of alcohol due to negligence while neglecting the duty of care, and received the part on the right and right side of the Defendant’s vehicle, and then received the part on the front part of the Defendant’s vehicle.

Ultimately, while driving a car in a state where normal driving is difficult due to the influence of alcohol, the Defendant suffered the victim’s dump and tension by negligence in the course of performing such duties, requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A traffic accident report;

1. An accident scene photograph;

1. Reports and investigation reports on detection of drivers working at the main place (report on the circumstances of drivers working at the main place);

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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