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(영문) 서울동부지방법원 2018.10.24 2018고단2748
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 engaging in driving a PP car.

1. On July 28, 2018, the Defendant driving the said car while under the influence of alcohol content of 0.215% in blood at around 01:45 on July 28, 2018, and driving the said car at a non-speed level depending on the intersection of the road between the roadside and the intersection of the road in the direction of Gangdong-gu Seoul E-do.

At the time, the Defendant: (a) under the influence of alcohol, was in a state where the speech and behavior is unclear, the walking is in a little string and face with red and visual eye; (b) in such a case, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle while under the influence of alcohol; and (c) the Defendant had a duty of care to prevent the accident by driving the motor vehicle in advance by driving

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop on the front side, received the rear part of G-si driven by the victim F, who was standing on the signal waiting in the front side, as the front part of the said F-si.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the said victim, such as salt, tension, etc. in need of treatment for about two weeks, and injury to the victim H of the said taxi in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the above food car while under the influence of alcohol of about 0.215% during blood in the section of approximately 200 meters of the road set forth in paragraph 1 at the time of the day indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of the F and H;

1. A survey report on actual condition, the place of pulmonology measurement, a report on detection of a driver from the main driver, a report on the circumstances of the main driver, and an investigation report (verification of the degree of injury to the victim H, the details of treatment, etc.);

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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