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(영문) 서울중앙지방법원 2018.04.26 2018고단249
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at the fourth time.

1. On December 13, 2017, the Defendant driven the said car under the influence of alcohol with approximately 0.180% alcohol concentration from the Gangnam-gu Seoul to the front road of Gangnam-gu, Seoul, at approximately 500 meters, around December 20, 2017.

2. On December 13, 2017, the Defendant driving the said vehicle while under the influence of alcohol of 0.180% in blood at around 20:45 on December 13, 2017, and driving the said vehicle at a speed that makes it impossible to know the two-lanes of the three-lanes in Seoul Gangnam-gu Seoul Metropolitan Government D from the distance of the next hospital to the distance of the intersection.

Since there are a number of vehicles at the time, the driver is well aware of the situation of the surrounding vehicles, and the driver has a duty of care to properly protect the vehicle's driver's vehicle, and when the vehicle is changed, the driver has a duty of care to operate the direction, give notice of change of course, and to change the vehicle line in the future and after the change of the vehicle in the manner of the traffic situation.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went through a single lane without considering the traffic conditions on the front left left and right, and due to the negligence of the Defendant’s driving in the same direction as the Defendant, the victim E (58 ) who was driving in the same direction as the Defendant, and the part adjacent to the right side of the driver’s car, which was a Frash of this driver’s car, received the front side of the driver’s car.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the Defendant, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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