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(영문) 서울중앙지방법원 2018.05.16 2018고단1773
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 driving a Alti vehicle B.

1. On February 13, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol level of 0.151% during blood transfusion around 23:10 on February 13, 2018, the Defendant came to proceed to the direction of the road 551, as the Seoul Gangnam-gu bankruptcy, from the north bank of the Young-dong Bridge.

In such a case, a person engaged in driving duty has a duty of care to safely operate by accurately operating the steering and brake system, which well sees the steering and the right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, tried to see the back of the victim C(52) driver's vehicle in a stop line due to negligence in which it is difficult to drive the vehicle in a normal condition.

As such, the Defendant, by negligence in breach of occupational duty, sustained injury to the victim, such as salt in light of light or essential part, which requires approximately two weeks medical treatment.

2. The Defendant, while under the influence of alcohol level of 0.151% among the blood transfusion at the time of the day specified in the above paragraph (1), was driving a vehicle B at approximately two km from Seongdong-gu Seoul, Seongdong-gu to the roads located in Gangnam-gu, Seoul, as the bankruptcy of Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. Statement report on the situation of the author who has been placed in the main place, investigation report (report on the situation of the driver who has been placed in the main place), and the result of regulating drinking;

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (the scope of recommended punishment) is general.

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