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(영문) 서울남부지방법원 2018.05.03 2018고단1430
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:00 on February 14, 2018, the Defendant driven a C-hurd-hurged vehicle with alcohol content of 0.122% in blood at the section of approximately 500 meters prior to Guro-gu Seoul, Guro-gu, Seoul.

2. On February 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a motor vehicle with a half-way clurbing alcohol concentration of 0.122% under the influence of alcohol in blood at around 03:00, the Defendant driven the front road of Guro-gu Seoul Metropolitan Government, Guro-gu with a vehicle of 0.12% under the influence of alcohol during blood and led it to the Gu

At the time, there is an intersection where signal lights are installed at night and at the front of the road, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by complying with the signal by reducing the speed in advance and keeping the movement of other motor vehicles in the front of the road well.

Nevertheless, the Defendant, while driving a hurfed vehicle while under the influence of alcohol, was negligent in neglecting the above duty of care and not giving the hurf and signal properly, and received a hurfer in driving D(24 S) E-Wer cruise cruise vehicle and a hurf in front of the Defendant’s hurfed vehicle.

Ultimately, the Defendant suffered from an injury to the victim F (the 23-year-old) of the No. Macccoo Macccoo’s car by occupational negligence as above, such as scoo’s salt dump, where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A report on traffic accidents and a survey report on actual condition;

1. Written confirmation of drinking alcohol measurement, report on the situation of a driver driving, and inquiry into the results of crackdown on drinking;

1. Blucs cambling CD images;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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