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(영문) 서울중앙지방법원 2018.11.07 2018고단4797
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car at Dbenz E20D.

1. On July 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said Benz car around 15:20 on July 3, 2018 and led to the left-hand turn to the right-hand left-hand 20 way from the right-hand side of the F hotel located in Gangnam-gu Seoul, Seoul to the right-hand side of the 20-lane.

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as making a good report on the traffic situation, accurately operating the steering gear, etc.

Nevertheless, the Defendant neglected to perform such duty of care while under the influence of alcohol content 0.220% in blood and neglected to do so at the preceding week, and did not discover the HObaba in the victim G (40) driving in the opposite direction of Gangnam-gu Seoul, Gangnam-gu, Seoul, and proceeded without discovering the HObababa in the opposite direction, and the Defendant conflict with the front part of the benz's car.

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

2. While the Defendant was under the influence of alcohol content of 0.220% among blood transfusions at the time specified in paragraph 1, the Defendant driven DWz E20d motor vehicles from the roads of about 3 km from the Gangnam-gu Seoul Samsung-ro to the roads of about 115 degrees in the same Gu to the front roads of about 20 kilometers in the same Gu.

Summary of Evidence

1. Defendant’s legal statement

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Articles of the Act and specific crimes concerning the crime.

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