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(영문) 서울동부지방법원 2018.09.06 2018고단2192
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving of B Intro Q50 automobiles.

1. On June 11, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.214% in a section of approximately 700 meters from the road near the valley in Gwangjin-gu, Seoul to the front of the same Gu, around 23:54.

2. On June 11, 2018, the Defendant was driving the said car on June 23:54, which led to the running of the said car to approximately 40 KK in the direction of the military history distance from the top of the shooting distance for the front of Gwangjin-gu Seoul Special Metropolitan City.

At the same time, the driver of a motor vehicle is at night and influence, and in such cases, the driver of a motor vehicle is prohibited from driving the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and there was a duty of care to prevent the accident in advance by safely driving the motor vehicle, such as making a good report on the traffic situation on the front time and accurately manipulating

Nevertheless, the Defendant, while under the influence of alcohol level 0.214% in alcohol while driving normally, was unable to drive, was driven by the victim D, who was parked in the traffic signal line around the same lane in front of the same direction, and followed up the paner, following the E-cab, who was driven by the victim D, to the front end of the said car, thereby taking approximately two weeks of treatment to the above D, and suffered approximately three weeks of pleatal f, etc. to the victim F, who was on board the said taxi, in need of three weeks of treatment.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident report and a report on the detection of a primary driver;

1. A written appraisal (58 pages of investigation records);

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

1. Aggravated punishment of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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