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(영문) 서울동부지방법원 2019.03.27 2018고단3938
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 6, 2012, the Defendant was punished by a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on April 6, 2012, and on January 25, 2013, by a fine of 6 million won for a violation of the Road Traffic Act (driving) at the credit branch of the Suwon District Court on January 25, 2013, and has violated Article 44(1) of the Road Traffic Act at least twice.

On September 30, 2018, the Defendant was under the influence of alcohol with 0.240% of blood alcohol level around 00:54 on September 30, 2018, and was driving B the motor vehicle from the front line of the police hospital distance in the 135 Seoul Songpa-gu, as Seoul, to drive the motor vehicle from the police station to the radio wave police station from the direction of the SP Station.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and since there is a big distance from the vehicle to the vehicle, there was a duty of care to properly operate the brakes according to the traffic signal while living well.

Nevertheless, in order to make a left-hand turn by negligence of failing to properly operate the brakes in the state of low judgment and net power under the influence of alcohol, the Defendant received a back-hand part of the right-hand part of the Darburged vehicle operated by the victim C who stops one lane as the left-hand part of the said vehicle.

As a result, the Defendant, who violated two or more drinking drivings, driven a motor vehicle under the influence of alcohol while driving a motor vehicle while normal driving is difficult due to influence of alcohol, and sustained injury, such as a cage cage cages, etc. which require approximately four weeks of medical treatment, on the part of the victim E, who is the same passenger of the above Aburged vehicle, and suffered injury, such as cage dump dump, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a map at the scene of a traffic accident, a record book for measurement of drinking, a record book for control, a circumstantial statement of a drinking driver, and a report on detection of a drinking driver;

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