(영문) 서울북부지방법원 2018.03.23 2018고정90

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.03.23 2018고정90

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. On October 16, 2017, the Defendant driving a BSP vehicle while under the influence of alcohol level of 0.175% from the blood transfusion around 22:10 on October 16, 2017, and driving a four-lane road in front of Dongdaemun-gu Seoul, Seoul, along the ebrogate in the direction of the intersection of the hospital at the intersection of the hospital, at an insular speed.

In such cases, the driver of a vehicle shall not drive the vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking.

Nevertheless, the defendant found and operated the victim D (62 Systnael) Pool which stops in front of the same lane due to the negligence of driving the above vehicle. However, the defendant did not avoid the vehicle and did not look back to the part of the victim's vehicle in front of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as “influoral salt and tension,” which requires approximately two weeks of treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven B SP vehicle while under the influence of alcohol content of about 0.175% from the 1km section of alcohol from the front of Dongdaemun-gu Seoul Metropolitan Government to the front of Dongdaemun-gu Seoul Dongdaemun-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. A report stating the records of drinking alcohol measurement and the circumstances of the driver involved in drinking;

1. Investigation report (report on the situation of the driver in charge) and report on the detection of the driver in charge;

1. Application of Acts and subordinate statutes to alcohol appraisal reports, investigation reports (related to the above dmark formula application), and reports on the detection of drivers at home in the blood (related to the collection of blood results);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and each of the fines shall be selected.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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