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(영문) 서울남부지방법원 2019.02.19 2018고단6198
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 9, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BK5 car with a blood alcohol concentration of 0.136% at around 00:10 on November 9, 2018, while driving BK5 car at around 0.136%, 3-lanes of the three-lanes of the three-lanes of the two-lanes of the two-lanes of the two-lanes in front of the first quarter of the

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side and to accurately operate the steering and brake system.

Nevertheless, under the influence of alcohol, the Defendant: (a) caused a collision between the two-lanes of the vehicle in front of the vehicle in operation of the Defendant, and the two-lanes of the two-lanes of the two-lanes; and (b) led to the collision of the two-lanes of the three-lanes of the victim C(55 years of age) driving the three-lanes of the same direction by the victim C(55 years of age).

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, such as salt, tension, etc. in need of medical treatment for about two weeks, and injury to the victim E (V, 32 years of age) who is the passenger of the damaged vehicle, such as clock, tension, etc. in need of medical treatment for about two weeks.

2. While the Defendant was under the influence of alcohol by 0.136% at the time and place specified in paragraph (1) of this Article, the Defendant was driving the said vehicle from the parking lot of the Seocho-gu Seoul Metropolitan Government F building to the front road of the junoptery quarter as the Olympic Games near the Gangseo-gu Gandong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Blukbbox cream;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act concerning the crime;

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