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(영문) 서울서부지방법원 2018.04.12 2018고단83
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

The defendant is a person who is engaged in driving of a B lele-car.

1. The Defendant, while under the influence of around 02:45 on December 16, 2017, at around 02:1, the alcohol level of the blood alcohol level of 0.143%, was driven by three lanes in front of the Seoul Mapo-gu Seoul Metropolitan City (hereinafter referred to as the “Seoul Mapo-gu Dan-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-gu Man-do,

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim E (40) who was in order to catch a taxi in three-lanes in the moving direction while driving a vehicle while it is difficult for the Defendant to drive the vehicle normally, and did not show the victim E (40) who was in the front right side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as drilling, cryp salt, tension, etc., which requires approximately three weeks of medical treatment due to such occupational negligence.

2. Defendant 1 driven a car with approximately 100 meters away from the front of Mapo-gu Seoul, Seoul to the point of the said accident, while under the influence of alcohol level of 0.143% during the border line as stated in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes 1 to a report on detection of a primary driver, a medical certificate, and an accident video CD;

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

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