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(영문) 서울남부지방법원 2018.07.03 2018고단2221
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 24, 2018, around 18:32, the Defendant driven the above cargo vehicle at a speed that is difficult to drive normally due to alcohol concentration of 0.235% in blood, while driving the two lanes in front of the Geumcheon-gu Seoul Metropolitan Government 92 mountain apartment at 0.235%. The Defendant driven the above cargo vehicle at a speed that cannot be seen from the room of the additional Dong office to the electronic bank.

In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the front door and the steering gear, etc. of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to stop on the front bank as it was found to have received the front part of the said cargo vehicle from the victim C (W, 52) who was standing on the front bank (W, 52).

Ultimately, the Defendant suffered injury, such as finite finites, which requires approximately two weeks of medical treatment by occupational negligence as above, to the victim.

2. Defendant 1 driving a vehicle under the influence of alcohol concentration of 0.235% in a section of approximately 200 meters from the 200 meters away from the marb in the front of the above two apartment complexes in Geumcheon-gu Seoul Metropolitan Government at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Photographs at the time of accident;

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

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 (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The provision of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the sum of the maximum term of the punishments prescribed for each crime) shall be the scope of the term of punishment;

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