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(영문) 서울중앙지방법원 2018.06.15 2018고단2679
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 16, 2018, the Defendant was under the influence of alcohol content of 0.149% in blood at around 23:48, the Defendant driving a DK5 car from approximately 50 meters from the front of Gangnam-gu Seoul to C on the road at approximately 50 meters from the front of Seoul, Gangnam-gu to the front of C.

2. The Defendant is a person engaging in driving a vehicle with DK5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On February 16, 2018, the Defendant driven a k5-lane under the influence of alcohol content of 0.149% in blood, as set forth in paragraph (1) of around 23:48, and driven a k5-lane road in front of Gangnam-gu Seoul Metropolitan Government along a two-lane radius from the backside of pressure-gu, Seoul to the long distance of the hospital located in the Gu.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering steering devices and brakes, while maintaining the proper speed and safety distance as well as the traffic conditions of the road and the operation status of other vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect his duty of care in a state where normal driving is difficult and did not drive safely at the front of the Defendant’s vehicle, found the F A6 car of the Victim E (61) driving that was under the influence of the Defendant at a late time, did not avoid it, and received the back part of the vehicle of the K5 vehicle with the front part of the K5 vehicle.

Ultimately, the Defendant suffered injury to the victim G (the 55 years old), the victim H (the 27 years old), and the victim I (the 26 years old) who was on board the victim E and A6 car due to the above occupational negligence, respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant’s legal statement

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) of the Road Traffic Act concerning facts constituting an offense;

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