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(영문) 서울북부지방법원 2018.12.13 2018고단4370
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

On June 20, 2018, the Defendant, while under the influence of alcohol content of 0.129% among blood transfusions on June 20, 2018, continued to run the front road of the Seoul Jung-gu Seoul Metropolitan Government Building C from the hill bank to the hill bank entrance.

At the time, there is a night, and there is a vehicle in the atmosphere of signal signal parking in the front door, and a person engaged in driving service has a duty of care to see the right and the right of the front door and to accurately operate the brake system.

Nevertheless, the Defendant neglected this and thereby was negligent in driving while driving under the influence of drinking, such as influoring alcohol to the extent of 0.129%, while driving under the influence of alcohol, and without accurately operating the brake system, and suffered injury, such as a light signboard, etc. accompanied by a certificate of ppuri disease for about four weeks on the front of the Defendant’s vehicle, which was driven by the victim D (V, 38 years old) who stops in the signal waiting at the front of the Defendant’s vehicle, while driving under the influence of drinking, and without accurately operating the brake system.

2. On June 20, 2018, the Defendant driven the mast vehicle under the influence of alcohol with approximately 0.129% alcohol concentration from the 3km section of approximately 3km to the place indicated in paragraph (1), around 01:10 on June 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Application of Acts and subordinate statutes to report on the investigation (report on the circumstances of the driver in charge) and the internal investigation (in regard to the state of being suspected of being taken into action, the application of the Act and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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