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(영문) 서울동부지방법원 2018.06.15 2018고단1298
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

Criminal facts

The Defendant is a person who is engaged in driving of a multi-user car.

On April 1, 2018, while the Defendant was under the influence of alcohol content of 0.163% during blood transfusion 22:25, the Defendant driven the above cargo vehicle from the front of Seongdong-gu Seoul Metropolitan Government “D” on the road located in Seongdong-gu Seoul, to approximately 500 meters away from the road in front of Seongdong-gu Seoul, the Defendant proceeded at a speed of about 30km in speed from the right side of the Sungdong-gu to the upper side of the road in the above 4-lane.

At the time of night, there is a bad view in view of the night, and there is an intersection with a signal apparatus installed in the front door, so in such a case, there was a duty of care to prevent accidents by safely driving the brakes by driving them safely, such as seeing on the front door in the driver, paying attention to the movement of a vehicle with a traffic safety and other vehicles, and accurately operating the brakes.

Nevertheless, the Defendant neglected this and neglected to drive under normal conditions due to influence of drinking, such as heavy distance and heavy snow snow, etc., which caused the Defendant to neglect his duty of care in the previous direction, and was placed on the part of the victim FF (29 e.g., e., the victim FF (29 e., the driver) who stopped on the right side of the sports cargo and was placed on the right side of the cargo driven by the Defendant.

Ultimately, the Defendant, as seen above, drives the above cargo while under the influence of alcohol content 0.163%, and driving the above cargo while normal driving is difficult due to influence of alcohol, thereby causing injury to the victim, such as light and climatic salt and tension, which requires treatment for about two weeks, and as long as the Defendant’s exercise of the Defendant’s right to defense is not likely to give any substantial disadvantage, this part of the facts charged is revised as stated in the facts charged in accordance with the constituent elements of the relevant crime.

Summary of Evidence

1. The defendant's statement in court;

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