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(영문) 서울남부지방법원 2019.03.12 2018고단6261
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

1. On November 22, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a Brane under the influence of alcohol concentration of 0.124% on blood on November 22, 2018, and driving a motor vehicle, thereby driving the motor vehicle at a 0.124%, and driving the four-lane road in front of Gangseo-gu Seoul Metropolitan City at a non-speed speed depending on D-section from the surface of the intersection of the e

At the same time, there was a night and a flow of vision prior to the discharge of rain, so in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the brake system while living well in the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and failed to properly operate the brake system, and thereby led to the Defendant’s failure to drive it in the front section of the Defendant, which was driven by the victim E (the age of 51) who was driving in the same direction in the front section of the Defendant, and led the Defendant to the front part of the car.

Ultimately, the Defendant driven the said 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 E.

2. Around November 22:26, 2018, the Defendant: (a) driven a car in the state of alcohol alcohol concentration of approximately 1km from the front of a restaurant near Gangseo-gu Seoul Metropolitan Government G to the front of Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan City, while under the influence of alcohol concentration of about 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Fact-finding report, report on the results of the drinking driving control, circumstantial statement of a drinking driver, accident video CD;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2 of the Road Traffic Act concerning criminal facts.

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