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(영문) 서울북부지방법원 2018.07.12 2018고단1830
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

The defendant is a driver of the B E-W car.

1. On April 20, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.225% in blood at around 17:30 on April 20, 2018, and led to the speed of 57-7 way in Seongbuk-gu Seoul, Seongbuk-gu, Seoul at the same direction from the direction of the road to the inside circulation of the first line with the inside circulation of the water.

In such cases, since a person engaged in the business of a motor vehicle has a difficulty in normal driving due to influence of alcohol, he/she shall not drive a motor vehicle, and he/she has a duty of care to accurately manipulate the steering direction and brake system of the motor vehicle and prevent the accident in advance.

Nevertheless, due to the negligence that the Defendant neglected this, while driving under the influence of alcohol, received the back portion of the victim C(57) driving that was parked in the same lane, and received as the front portion of the Defendant’s driving vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and caused the victim to suffer from the injury of the trend, chill, and tension which require approximately three weeks of medical treatment.

2. The Defendant was under the influence of alcohol concentration of 0.225% in a daily border, such as that set forth in the preceding paragraph, driving the vehicle at approximately five km from the front of the parking lot at the Gangseo-gu Seoul Northern-dong, Gangnam-gu, Seoul to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. A medical certificate;

1. A report on the detection of the driver at home and a written appraisal of alcohol during blood;

1. Photographs (fluorial vehicles and damaged vehicles);

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 of the Road Traffic Act.

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