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(영문) 서울서부지방법원 2018.11.22 2018고단2406
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 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 Csch Rexton car.

On April 1, 2018, the Defendant driven the said car under the influence of alcohol level of 0.116% during blood transfusions on April 1, 2018, and led the Defendant to go through the front intersection of Mapo-gu Seoul Metropolitan Government.

At the time, there was a parked vehicle in the rear, so in such a case, there was a duty of care to prevent the accident due to a person engaged in driving service's well-being of traffic situation in the rear and safe manner.

Nevertheless, the defendant's negligence and negligence, which led to the conflict between the left-hand part of the Fur-purged car by the victim E (29) who stops in the rear bank, and the left-hand part of the Fur-purged car.

Ultimately, under the influence of alcohol, the Defendant suffered approximately two weeks of low-speed salt, etc. in need of approximately two weeks of medical treatment from the victim E due to the foregoing occupational negligence, and the victim G (29 years of age) who is a passenger of the Aburged vehicle, from around two weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of the occurrence of each traffic accident in E and G;

1. The application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, the statement of the driver at the main driving, each diagnosis report, the investigation report (on-site and CCTV investigation), the investigation report (related to the measurement of suspect drinking and the circumstances of main driving), the investigation report (the application of the aforementioned dmark formula)

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act of the community service order: The victims and victims during the investigation.

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