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(영문) 서울북부지방법원 2018.11.22 2018고단4171
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On September 12, 2018, the Defendant, while under the influence of alcohol content of 0.128% during blood transfusions on September 12, 2018, the Defendant was unable to drive normally, such as with a string distance, snow shock, etc., while walking along, the Defendant was driving the said string vehicle at a speed of about 50km per hour at a speed of 50km in Seoul Special Metropolitan City, Nowon-gu, along the two-lanes from the offline of offset.

At the time of attendance, there were many traffic of vehicles, so in such cases, there was a duty of care to properly manipulate the brake system and prevent accidents by properly manipulating the brake system if there is another vehicle while living well on the part of the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and caused the victim D (29 ) who was driving ahead of it in the same direction as the Defendant, to breath part of the E-to-be driven by the victim D (29 ).

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered the victim from the fluent salt level which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of traffic accident video CD-related Acts and subordinate statutes;

1. Relevant Article 5-11 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 choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was punished once by drinking alcohol driving.

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