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(영문) 서울동부지방법원 2018.11.15 2018고단3298
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 who is engaged in driving a vehicle BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 21, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.171% in blood around 02:50 on September 21, 2018, and led to two-lanes of the roads adjacent to the intersections at the entrance of Southern East-ro Seoul, Songpa-gu, Seoul, along the two-lanes of the roads adjacent to the intersections at the entrance of the Southern IC, the Defendant proceeded into the chill distance from the surface of the

At the time, there were nights, and there was a intersection at the front of the road, so in such a case, there was a duty of care to safely drive the vehicle to prevent the accident by driving the vehicle safely, such as putting the front door properly to the driver and accurately operating the steering system of the vehicle.

Nevertheless, the defendant neglected this and caused the negligence of driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the part of the back wheels of the DNA car-free taxi driven by the victim C (59 years old) who was stopped pursuant to the new subparagraph to turn to the left at the front side of the defendant's vehicle, which is the higher than the left side of the defendant's vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as catherum, catum, tension, etc., which requires approximately two weeks of treatment.

2. On September 21, 2018, the Defendant was under the influence of alcohol level of 0.171% in blood around 02:50 on September 21, 2018, the Defendant driven BK 3 car from the section of approximately 4 KK at the distance of approximately 4 KKm from the front of a mutual influent restaurant near the Songpa-gu Seoul Songpa-gu Seoul, to the road near the intersection at the entrance of the Southern IC, Songpa-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a report on the detection of a primary driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by dangerous driving) regarding criminal facts.

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