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(영문) 서울동부지방법원 2018.12.13 2018고단3640
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who is engaged in driving a freight B B B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 21, 2018, the Defendant driven the above vehicle around 19:01, and proceeded with the sexually protruding distance at the two-lane of the road in the front of Gwangjin-gu Seoul Special Metropolitan City, the two-lane.

At the night and at the front of the defendant, there was an intersection where signal lights are installed, so in such cases, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle, such as making the traffic situation well, accurately operating the steering wheel, brakes, etc.

Nevertheless, the Defendant did not discover the victim D (59) who stops under the heading of the bend stop on the right side of the Defendant (59) with alcohol concentration at 0.122% in blood so that it is difficult to drive a vehicle normally due to the influence of alcohol due to the influence of alcohol while under the influence of alcohol, and did not find the victim D(59) who stops under the heading on the right side of the Defendant, and concealed the vehicle behind the Defendant in front of the vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim D and the victim F (63) who is the passenger of the said taxi, by causing approximately two weeks of treatment respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B Poter II truck at a section of approximately 2.7 km from the gro-distance in Gwangjin-gu, Seoul to the front of Gwangjin-gu, Seoul, while under the influence of alcohol with 0.122% of alcohol concentration during the day-to-day alcohol, such as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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