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(영문) 서울남부지방법원 2018.08.23 2018고단3134
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 17:50 on April 16, 2018, the Defendant driven a CF small-scale car under the influence of alcohol content of at least 0.304% from the 5km section from the 61-16-on-road, Guro-gu, Seoul, to the roads in front of the same Gu B, while under the influence of alcohol content of 0.304%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driving on April 16, 2018, while under the influence of alcohol concentration of 0.304% during blood transfusion, driving CF small-type vehicles with CF small-type alcohol concentration at around 17:50 on April 16, 2018, led Seoul Guro-gu (Seoul Metropolitan Government Seo-gu) to proceed as a divers from the side of the main road.

At the time, since there are a large number of vehicles during driving, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, and has a duty of care to reduce speed and prevent accidents in advance by safely driving the motor vehicle in a safe manner.

Nevertheless, the Defendant, while under the influence of alcohol, did not live well in the front and proceeded with the victim D(36) driving of the E-Korean cruise vehicle that is in progress prior to the Defendant, was shocked with the front part of the U.S. driver’s vehicle.

As a result, the Defendant driven a soft vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Reporting of a traffic accident (1) (2);

1. Report on the circumstances of a driver making a drinking, inquiry of the results of crackdown on drinking driving, and results of drinking;

1. A medical certificate;

1. Application of the Trabbbbbbbs film laws and regulations

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

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