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(영문) 서울중앙지방법원 2019.03.28 2018고단7883
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that 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 engaging in driving a benz car.

1. Around 02:20 on September 15, 2018, the Defendant driven a B-car under the influence of alcohol with a blood alcohol concentration of 0.174% from a 30-meter section from the front of a main station where it is impossible to identify the Seoul Gangnam-gu Seoul C-gu Seoul, to the front road of Gangnam-gu Seoul.

2. On September 15, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the said car while under the influence of alcohol at a rate of 0.174% with a blood alcohol concentration of 0.174% on September 15, 2018, while driving the said car at a speed that cannot be known to E from the intersection of Gangnam-gu Seoul.

At the same time, there was a duty of care to safely operate the steering vehicle by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look at the direction of the driving of the vehicle, such as a rear bank, and was under the influence of the Defendant, due to the negligence behind the vehicle, and received the front part of the victim F(33 years of age) driving G a car in front of the vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, such as salt ties and tensions, which requires two-day medical treatment, and the victim H (V, 35 years old), who boarded the damaged vehicle, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. The circumstantial statement of the employee;

1. Notice of the results of drinking driving control and output thereof;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes under the former Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime.

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