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(영문) 서울동부지방법원 2018.09.19 2018고단2345
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 27, 2018, the Defendant was under the influence of alcohol content of 0.101% in blood, and the Defendant was driving the said Aud-pured vehicle with five-lanes in front of Gangnam-gu Seoul, Seoul, the five-lanes in front of Gangnam-gu, Seoul, from the spoco distance to the sporo distance of modern department stores in the direction of modern department stores.

Since there is a vehicle in progress on the front side, in such a case, a person engaged in driving a motor vehicle has a duty of care to secure a safety distance and drive the motor vehicle in a safe manner by properly examining the front side and the left side.

Nevertheless, the Defendant, while neglecting the influence of alcohol, went through as it was, caused by the negligence of the Defendant’s failure to proceed with the foregoing Abdon-purged vehicle to be driven by the victim D(36 ) who was driving in the front section of the said Abdon-purged vehicle, and shocked the part behind the E-curc vehicle.

As a result, the Defendant, while driving a motor vehicle with soflur in a situation where normal driving is difficult due to influence of drinking, suffered injury such as brain dynasium which requires approximately two weeks of medical treatment to the above D, and injury to the victim FF (35 tax) who is on board the Track for the above Track-motor vehicle, such as light or dynasium for about two weeks of medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle with the alcohol concentration of about 0.101% from the 6km section from the 12-lane, Songpa-gu Seoul Olympic Games, to the front road of Gangnam-gu, Gangnam-gu, with the same date and time as the preceding paragraph, and from the 6-km section of alcohol concentration of about 0.101%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition (list 2), each medical certificate, and the place of measurement of drinking alcohol;

1. Articles 5-11 (Bodily Injury) and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, each of the penal provisions, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Each;

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