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(영문) 서울서부지방법원 2019.01.24 2018고단3475
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles B.

On September 13, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.235% with a blood alcohol concentration of 0.25% on September 13, 2018, and led to the flow of six-lane roads adjacent to the intersection of the East-gu Seoul Metropolitan Government East East-dong Tri Road, along with three-lanes from the boundary of the red intersection to the parallel at an insular speed.

Since the place has a crosswalk where signal lights are installed and the center line of yellow-ray is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in advance by safely driving the motor vehicle, such as checking the traffic situation of the front line and accurately operating the steering and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was able to drive normally due to the influence of alcohol, such as passing along the center line while it is difficult for the Defendant to drive normally and due to the influence of alcohol, was able to walk along the same intersection as the other intersection due to the negligence attributable to the intersection along the intersection as is, and proceed to the new intersection from the intersection of the two-lane road along the two-lane road along which the victim C(58 years of age) who was in the atmosphere of the signal according to the vehicle stop signal, was driven by the vehicle stop signal on the front side of the vehicle of the Defendant.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, etc., which does not have two internal organs where medical treatment is required for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the preceding paragraph, driving a vehicle B in the state of alcohol with a blood alcohol concentration of about 0.235% from the 1km section from Mapo-gu Seoul Metropolitan Government to the front road in Seodaemun-gu, Seoul.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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