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(영문) 서울중앙지방법원 2018.10.18 2017고단6886
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 engaging in driving a vehicle CK5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.130% during blood transfusions on July 29, 2017, and driven the two-lanes of the three-lanes in front of the Seoul Gwanak-gu Seoul Special Metropolitan City D, at a speed that cannot be known to the elim market from the front edge of the erost post office.

At that time, there is an intersection where signal apparatus is installed in the front, so in such a case, a person engaged in driving service has a duty of care to view the front side and the left side, and to accurately manipulate the steering direction and the brake system by looking into the traffic signal, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and caused the Defendant to have a part of the victim E(62) drive in the same direction at the front of the Defendant’s vehicle, following the F rocketing taxi in the same direction as that of the Defendant’s vehicle driving.

As a result, the Defendant suffered from the injury to the victim E by negligence in the course of driving the said car due to the influence of alcohol, such as the left-hand check box, which requires a two-day medical treatment, and the victim G (25 years old) who boarded the damaged vehicle, for approximately two-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on a daily basis, i.e., paragraph 1, was suspended from the road near Seo-gu Seoul Metropolitan Government Seo-dong to the road in front of the Seoul Gwanak-gu Seoul Special Metropolitan City, while driving CK5 cars under the influence of alcohol content 0.130% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. E statements;

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

1. A detailed statement of suspension of driver's license;

1. Each written diagnosis shall be subject to the law.

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