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(영문) 서울동부지방법원 2019.01.23 2018고단3840
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On October 6, 2018, the Defendant was under the influence of alcohol of 0.151% in blood alcohol concentration on October 6, 2018, and the Defendant was driving B low-speed car from the 2nd exit of the 179-gu, Songpa-gu, Seoul, Seoul, to the direction of the free market in the direction of the region.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and since there is a big distance from the vehicle to the vehicle, there was a duty of care to properly operate the brakes according to the traffic signal while living well.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, took the back panioner of the DK5-si driven by the victim C(the age of 71) who stops on five lanes in order to board passengers by negligence without properly operating the brake system in the state of low judgment and net power, and got the back fK7-si driven by the victim E(the age of 67) of the said taxi due to its shock.

After all, the Defendant driven a motor vehicle under the influence of alcohol while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of alcohol, and suffered injury to the victim C (the 71-year-old-old-old-age-age-age-age-age-age-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a record for measuring drinking alcohol, and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 and 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with prison labor;

1. Concurrent crimes: the former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service;

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