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(영문) 서울북부지방법원 2018.12.06 2018고단4347
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On October 5, 2018, the Defendant driven the said car under the influence of alcohol level of 0.128% among blood transfusions on October 5, 2018, and driven the said car at an insular speed along the two-lanes of the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the two-lane distance from the front side of the wing-do.

In this case, the driver of the motor vehicle had a duty of care to keep the distance of the motor vehicle sufficiently and prevent the accident in advance, because there are other motor vehicles in the front line of the two lanes, and thus, the driver of the motor vehicle had a duty of care to keep the vehicle in advance.

Nevertheless, the Defendant neglected to do so and did not see the front section of the Defendant’s car, and instead did not properly manipulate the steering and steering devices, and was driven by the victim D (60 years old) who is proceeding in the Mad- bargaining phase by negligence without properly manipulating the steering and operating devices, and received a part of the front part of the Defendant’s car.

As above, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, received the victim’s salt, tensions, etc. of the string that requires a two-day medical treatment, and the victim FF (58 years old), who was the passenger, suffered around two weeks of chills, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A survey report on actual conditions;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

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

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

1. Articles 40 and 50 of the Criminal Act and the choice of a sentence, and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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