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(영문) 서울중앙지방법원 2019.02.18 2018고단7388
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that 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. Around October 21, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) driven a DNA rocketing car with the blood alcohol concentration of about 0.104% from the 5km section from the roads located in Geumcheon-gu Seoul Metropolitan Government to the roads located in Gwanak-gu Seoul Metropolitan City (Seoul Metropolitan City) around 06:25, 2018.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaging in driving a Drocketing car.

On October 21, 2018, at around 06:25, the Defendant driven the said car while under the influence of alcohol with 0.104% of alcohol concentration, and led the car to be driven in the erogate in Seoul Special Metropolitan City E along with one lane.

Since there is a center line of yellow-ray, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, while driving a string while drunk, and was driven by the victim F.(29 years of age) who was driven by the central line, and was driven by the victim F.(29 years of age). The Defendant was faced with the front part of the passenger car driven by the Defendant.

As a result, the Defendant driven under the influence of alcohol or drugs, while driving the said victim under the influence of normal driving due to the foregoing negligence in the course of performing his duties, and suffered multiple scopic scopic scopprinks, etc. which require approximately two weeks medical treatment, and suffered multiple scopic scopic scopic scopic scops

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim F;

1. A H statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts.

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