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(영문) 서울중앙지방법원 2018.04.20 2018고단1267
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 9, 2018, the Defendant driven SM3 car while under the influence of alcohol 0.210% during blood transfusions on February 23:50, 2018, and driven the three-lane road in front of Gangnam-gu Seoul Metropolitan Government Seoul at a visible speed in the direction of a shooting distance.

In such cases, there was a duty of care to prevent accidents by checking the traffic situation of the vehicle driving service and accurately manipulating the steering system and others.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where normal driving is difficult, caused the back of the victim D(51) driving Echip car, which was a traffic signal waiting in the front section, to the front part of the SM3 car.

As a result, the Defendant violated his duty of care in the course of performing his duties and inflicted injury on the victim D, such as brain salvy in need of treatment for about two weeks, and was accompanied by the franchiseer car.

D. F(40) suffered injury such as salt, tension, etc. in the 2-day chills in need of treatment for about two weeks.

2. Around the day of paragraph 1, the Defendant was driving a SM3 vehicle while under the influence of alcohol content of about 0.210% in blood, from the roads near Gangnam-gu Seoul Southern Station to the roads in front of the same Gu, around the day of paragraph 1, while under the influence of alcohol content of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of D or F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes notifying the result of drinking control;

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 (2) 1 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. Concurrent Crimes.

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