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(영문) 서울중앙지방법원 2018.04.25 2018고단740
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with Fsch Rex 250 ISS 250 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 16, 2017, the Defendant driven the said car under the influence of alcohol content of 0.136% during blood transfusion on December 16, 2017, and led to one lane among eight-lanes in front of Gangnam-gu Seoul, which is located in the roads located in the Gangnam-gu Seoul Metropolitan Government, to drive the said car on the ground of a string of the eight-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing the speed in advance and keeping the right and the right of the motor vehicle well.

Nevertheless, the Defendant neglected to go on the front of the week before the drunk and did not go to turn to the left without properly doing so, and did not go to the left in violation of the signal apparatus’s instructions, and the Defendant received the victim H (W 44 years old) who was directly engaged in the operation in accordance with the new name from the Mad-J west-In-Ground to Samsung C&W 320d car driving by the Defendant as the front part of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. of the trend that requires approximately three weeks medical treatment.

2. On December 16, 2017, the Defendant was under the influence of alcohol level of 0.136% from the blood transfusion around 04:50 on December 16, 2017, and without obtaining a driver’s license, driving a vehicle at approximately four km from the vicinity of the new roadside roadside in Gangnam-gu Seoul, Seoul to the places indicated in paragraph 1, and driving a vehicle at KRW 250 U.S. 250.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home, investigation report (the situation report of the driver at home) and respiratory measurement result 1.

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