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(영문) 서울서부지방법원 2018.12.20 2018고단3530
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 13, 2018, the Defendant driven the said car under the influence of alcohol level of 0.121% during blood transfusion around 09:30 on October 13, 2018, and led to an internal circulation of the road located within 142, which is located within the red control of Seodaemun-gu Seoul, Seomun-gu, Seoul, to proceed with the opening of the access road to red IC at a shill speed from the side of the opposite mountain intersection.

In such a case, there was a duty of care to reduce speed in advance and properly manipulate the brakes and steering gear in order to prevent accidents by properly manipulating the brakes and steering gear.

Nevertheless, the Defendant, while neglecting this, was under the influence of alcohol and did not live well in the front bank and was under the influence of traffic in the front bank, operated the victim C(M, 62 years old) who was temporarily stopped due to the traffic conditions in the front bank, and was on board the victim D(64 years old).

EWz’s back part of the passenger car was received as Defendant’s front part of the passenger car.

Ultimately, the Defendant, while driving the said car due to the influence of alcohol, was unable to drive the car normally due to the foregoing occupational negligence, and suffered from the victims, such as the salt, tension, etc. of the trend requiring approximately two weeks medical treatment.

2. On October 13, 2018, the Defendant was under the influence of alcohol level of 0.121% from blood alcohol level around 09:30, the Defendant driven B rocketing car from the front of the 278-1st road to the roads front of the Seoul Seodaemun-gu red control 142, with the inside circulation street of about 36 km from the first of the 278-1st road to the roads front of the 142nd of the Seoul Western-gu red control.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report (1)(2), a report on the detection of a primary driver, a report on the situation of a primary driver, an investigation report (the application of the aforementioned dmark formula), and the application of each law of the dmark.

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