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(영문) 서울중앙지방법원 2018.09.14 2018고단4786
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four 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. On April 10, 2018, the Defendant was under the influence of alcohol content of 0.149% in blood at around 22:40 on April 10, 2018, the Defendant driven D low typ car at approximately 5km from the roads near Seongdong-gu Seoul Metropolitan Government Seongdong River basin to the front roads of Seoul Gangnam-gu Seoul Metropolitan Government.

2. The Defendant is a person engaging in driving a motor vehicle with D high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 10, 2018, the Defendant driven a low-speed car with alcohol content of 0.149% while under the influence of alcohol during blood, as set forth in paragraph (1) at around 22:40, the Defendant driven a low-speed car with seven lanes in front of Gangnam-gu Seoul Metropolitan Government (Seoul), along the long-distance distance range from the long-distance bank.

In such cases, a defendant engaged in driving of a motor vehicle shall accurately operate the steering wheel, brakes, and other devices of the motor vehicle, shall not drive a motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the road traffic situation and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by safely examining the right and the right and the right of the

Nevertheless, the Defendant, while under the influence of alcohol, failed to drive safely without neglecting his duty of care while driving a taxi in a difficult state, found the victim E ( South and 29 years old) on the road on the front bank of the Defendant late later and went beyond the floor due to the Defendant’s failure to avoid it.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of the side rupture within the left rupture, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement of the occurrence of E traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes as a result of regulating drinking driving;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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