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(영문) 서울남부지방법원 2018.10.23 2018고단4102
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B while under the influence of alcohol level of 0.123% in blood transfusion around 21:0, and led the Defendant to drive the car and drive the car in the same manner, and drive the car in the direction of 0.123% in which it was located in Gangseo-gu Seoul, Gangseo-gu, Seoul, to drive the car near 88 quarter as the Olympic Games in Gangseo-gu, Seoul.

At the time, the driver of a motor vehicle was at night, and at the same time, he had a duty of care to prevent accidents by driving the motor vehicle on an expressway and driving the motor vehicle safely.

Nevertheless, the defendant, while driving a vehicle in a situation where it is difficult to drive the vehicle normally, such as a red, snick, light, and rhhhhym under the influence of alcohol as above, due to negligence when he neglected to drive the vehicle, and neglected to install a sign during the construction at the front section, and give a warning on the prohibition of entry into the work lane with light light, etc., and immediately discovered the Cpoter truck which stops on the first lane, and due to the failure to avoid this, the defendant was able to drive the vehicle on the front direction of the above vehicle.

Ultimately, the Defendant received, by negligence, the victim D (37 tax) who is the driver of the above Poter truck due to the above occupational negligence, approximately three weeks of medical treatment.

2. The Defendant: (a) was under the influence of alcohol level 0.123% without a driver’s license in the section of about 20km from the Seo-gu Incheon, Seo-gu, Incheon to the 88rd point near the Olympic Games in Gangseo-gu, Seoul; (b) was under the influence of alcohol level 0.123% in the blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. An accident scene photograph;

1. The investigation report (the main driver’s report) and the main driver; and

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