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(영문) 서울중앙지방법원 2018.11.21 2018고단4878
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. On April 14, 2018, the Defendant was under the influence of alcohol content of 0.185% during blood transfusion at around 01:43, the Defendant driven a FK5 vehicle from the front of Gangnam-gu Seoul, Seoul, to the front of the Gangnam-gu, Seoul, with approximately 900 meters away from the road to the long-term of the front insolvency park in the same city.

2. The Defendant is a person engaging in driving a FK5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 14, 2018, at around 01:43, the Defendant driven K5 cars with alcohol content of 0.185% in the blood while under the influence of alcohol 0.185% in the blood, and started to look at the point of view that the distance of the bankruptcy park in front of Gangnam-gu Seoul, Gangnam-gu, Seoul, the shooting distance in front of the hospital in front of the hospital, which is one-lane, is turned to the left, while driving along one-lane in front of the hospital in front of the school-dong.

In such cases, the defendant who is engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brakes, to take into account the situation of the operation of the motor vehicle and to safely drive the motor vehicle, and to prevent the accident from spreading.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle in a state where normal driving is difficult and due to the Defendant’s negligence of driving the vehicle on a one-lane basis at the front section of the Defendant, did not seem to have not yet known that the Plaintiff’s HWz car at the victim G (32 tax) which was stopped on a one-lane basis in the front section of the Defendant’s vehicle. As such, the Defendant received a part of K5’s front part of the passenger car.

Ultimately, the Defendant suffered from the injury of the victim G and the victim I (36 years old) who was on board the passenger car in the above occupational negligence due to approximately two weeks of medical treatment, such as salt, tension, etc.

Summary of Evidence

1. The defendant's partial statement

1. A written statement of the occurrence of any traffic accident in G and I;

1. Each written diagnosis;

1. Report on the detection of a primary driver; and

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