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(영문) 서울동부지방법원 2018.10.12 2018고단2430
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a BM7 car.

On July 1, 2018, the Defendant driven the said car under the influence of alcohol content of 0.142% in blood around 22:09, along with one lane in front of the Seoul Olympic Games, 509 and the road of 4-lane in front of the long distance in wind.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to drive a motor vehicle safely by driving the motor vehicle on the front side.

Nevertheless, the defendant neglected this and did not discover D's low-income vehicle of the victim C (the 35-year-old driver) who was waiting for the signal in the same direction as the previous passenger car due to negligence on duty when he neglected the previous passenger car, and did not discover D's low-income vehicle of the victim C (the 35-year-old driver) who was waiting for the signal in the same direction as the previous passenger car, and the back part of the above franchise was moved into the front driver part of the vehicle operated by the defendant, and the above franchise was pushed down in the future due to the shock, and the part of the latter part of the victim E (the 33-year-old driver) who was driving in the traffic waiting for the above franchise was added to the front driver of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim C and the victim G (5 years), the victim E and the victim H (24 years old) who was on a passenger car with the said passenger car due to the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of C, E, and H;

1. A criminal investigation report;

1. A report on the occurrence of a traffic accident, a record of the measurement of drinking, a report on the detection of a driver involved in driving, and a written statement of the circumstances of

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 (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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