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(영문) 서울중앙지방법원 2019.01.23 2018고단7387
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle B from the Grandland knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 23, 2018, the Defendant, around 23:15, 2018, continued three-lanes of the Drupbryp road located in Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government, along with one-lanes of black-water outflow from the national fratump.

At the time of night, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance, such as checking the traffic situation well, and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected this and was negligent in driving a stroke while under the influence of 0.108% alcohol level, and received the part of the Defendant’s stroke part of the Defendant’s string of the Victim E (56 years old) driving that was driven ahead of the three-lane direction, following the first string of the Victim E(56 years old) driving.

Ultimately, the Defendant suffered from the victim’s injury, such as fluoral salt, which requires approximately two weeks of treatment, due to the foregoing negligence.

2. Around September 23:05, 2018, the Defendant driven a breging vehicle under the influence of alcohol level of 0.108% from the section of about 5 km from September 12, 2018 to the 23:15 day from the front of the Seocho-gu Seoul shift Station, Seocho-gu Seoul, Seoul, to the drying road in Dongjak-gu, Dongjak-gu, Seoul.

Summary of Evidence

1. Defendant’s legal statement

1. E statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act (amended by Act No. 15981, Dec. 18, 201) concerning criminal facts and the former Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment was made.

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