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(영문) 서울동부지방법원 2019.02.15 2018고단4047
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

On October 15, 2008, the Defendant received a summary order of KRW 2 million from the Cheongju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On June 15, 2015, the Defendant received a summary order of KRW 4 million from the Cheongju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

Criminal facts

The Defendant is a person who is engaged in driving a small-scale car B.

On September 21, 2018, the Defendant driven the said car while under the influence of alcohol of 0.102% of alcohol concentration of blood on September 21, 2018, and led to two-lanes from the vicinity distance along which the road of four-lanes in front of Gangdong-gu Seoul Metropolitan Government is located along the road of four-lanes in front of Gangdong-gu.

At night, as a person engaged in driving service at night, he/she had a duty of care to safely operate the steering gear by accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and caused the back part of the victim D(21 years old) driving which was parked in the signal air at the front line of the vehicle located in the front line of the front line, such as the traffic signal, to the front line of the car above the Defendant.

Ultimately, the Defendant, as seen above, driven the said car under the influence of alcohol content 0.102%, and driven the automobile while normal driving is difficult due to influence of alcohol, thereby causing injury to the victim, such as a sugar in two opens where there is no room to treat the victim for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on actual condition, a report on detection of a drinking driver, and a place for measuring drinking;

1. A medical certificate;

1. Photographss of accident vehicles and images of accident images;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and the former Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is selected

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