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(영문) 서울동부지방법원 2018.11.15 2018고단3047
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 driving a low-speed car.

On August 27, 2018, while under the influence of alcohol 05:00, the said car was driven by 0.174% of alcohol concentration in blood, and the five-lane roads in front of Gwangjin-gu Seoul Special Metropolitan City are driving along the five-lanes of the road in front of the Seoul Special Metropolitan City, along the dry-gu area.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to live well in the traffic situation and safely drive the motor vehicle.

Nevertheless, as long as the Defendant neglected to drive normally at the front time due to influence of drinking and neglected to do so, the Defendant received the back part of the GMW520D car driving GMW 520D car from the victim F (35 years old) who was in the front of the vehicle in which the Defendant was driving by negligence in the front time while he was unable to drive normally due to the influence of drinking.

As a result, the Defendant suffered injury, such as chests, which requires approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report and a report on the detection of a primary driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In light of the fact that the defendant's negligence, which caused the accident, is very high in drinking value (0.174%) and that there was a history of punishment for driving under drinking, etc., the defendant's seal is serious in light of the fact that the defendant's negligence, the drinking value (0.174%) and the fact that there was a history of punishment for driving under drinking.

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