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(영문) 서울중앙지방법원 2018.12.19 2018고단6590
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On August 9, 2018, the Defendant was under the influence of alcohol content of 0.174% from blood transfusion around 08:20 on August 9, 2018, the Defendant driven BMW330Ci car from the 1km section from the roads of Gangnam-gu Seoul, Gangnam-gu to the roads of the same 321-year-old apartment complex from the new-dong road to the road of the same 321-year-old apartment.

2. The Defendant is a person engaging in driving a BMW30Ci car.

On August 9, 2018, the Defendant driven the said car under the influence of alcohol content of 0.174% during blood transfusion around 08:20 on August 9, 2018, and led the two-lanes of the five-lane road in front of the first apartment apartment in Gangnam-gu, Seoul, Seoul, with the pressure-gu Seoul, Seoul, to the southwest of the East East East East East-do.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to take into account the conditions of operation of the motor vehicle, such as the front and surrounding traffic conditions and other motor vehicles, accurately operate steering and brakes, and safely drive the motor vehicle in a safe way while maintaining the distance between the two vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, failed to perform the above duty of care in a state in which normal driving is difficult, was negligent in driving a vehicle in full at the same lane on the same lane, and was led by the Defendant’s failure to drive a vehicle in front of the same lane (74 years old) and received the part of the Defendant’s vehicle in front of the BMW car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

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 of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Vehicle photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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