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(영문) 서울중앙지방법원 2018.06.14 2018고단2566
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving Ma-Ba B B-Ba B B-Wing vehicles.

1. On March 23, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said vehicle while under the influence of alcohol concentration of 0.186% in blood around 00:08, the Defendant driven the said vehicle, thereby driving the front road of Gwanak-gu in Seoul Special Metropolitan City along the direction of turning it down from the surface of a new forest.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in advance, such as making a person engaged in driving a motor vehicle not to drive a motor vehicle while drinking alcohol and making it impossible to drive a motor vehicle normally, and driving the motor vehicle in a safe manner, such as accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected to do so and proceeded on the side by negligence, and brought about the left part of the victim D (24) who was walking on the side, with the right side of the Defendant’s vehicle.

Accordingly, the defendant suffered the victim's elbow elbow in the treatment days due to the above occupational negligence.

2. The Defendant, while under the influence of alcohol content 0.186% during the day-to-day alcohol specified in the above paragraph 1, was driven by the 20k section from the 20k section to the front day of the Seoul Special Metropolitan City, from the 30k section from the 20k section before the active duty line to the road in front of the Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on detection of a driver of a driving school, notification of the results of crackdown on drinking driving, and a report on a traffic accident;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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