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(영문) 서울중앙지방법원 2018.08.29 2018고단3974
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

A. The Defendant is a person engaging in driving a car Benz E300, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 17, 2018, the Defendant driven the said car under the influence of alcohol content of 0.112% during blood transfusion around 00:30 on May 17, 2018, and led the Defendant to go in the direction of a new distance from the military service on the surface of the five-lane road in Gangnam-gu Seoul, Seoul.

At the time, it is difficult to secure the view due to the late night, and in such cases, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as carefully examining the traffic situation of the front door, accurately manipulating the steering system, etc., and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the left side of the victim D(37 tax) and the boomed part of the victim D(37) on the right side of the forward direction.

As a result, the Defendant was unable to drive in a normal condition due to influence of drinking, and the Defendant sustained injury, such as tearing on the left-hand knee, which requires approximately eight weeks of medical treatment, to the victim D.

B. Defendant 1 driven the above benz car while under the influence of alcohol content of about 0.112% in blood at a section equivalent to about 5 KK from the front of the so-called Guro-dong, Gangnam-gu, Seoul to the front road in Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the result of regulating the driving of drinking and the drinking Stick;

1. A written statement on the occurrence of a traffic accident (D);

1. Application of Acts and subordinate statutes of a medical certificate;

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

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