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(영문) 서울서부지방법원 2019.01.17 2018고단3782
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On September 29, 2018, the Defendant driven the said car under the influence of alcohol of 0.178% with a blood alcohol concentration of 0.178% on September 29, 2018, and driven the 4rd line road in Eunpyeong-gu Seoul Metropolitan Government along with the 2nd line from the direction of the old-frequency path.

At the time, there was a vehicle in the front of the night, and there was a signal signal signal at the front of the night, so there was a duty of care to prevent accidents by properly manipulating the steering gear and brakes while living well in the front of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (the age of 61) who stops in the front bank by signal signaling in the front bank due to negligence while neglecting this, and was driven by the victim F (the age of 56) and the victim G (the age of 25). The lower part of H-si was driven by the Defendant’s vehicle front part.

As a result, the Defendant, while driving the said car due to the influence of alcohol that is difficult to drive normally due to the foregoing occupational negligence, sustained injury to the victim E by light salt in need of approximately three weeks of medical treatment, and suffered injury to the victim F and G, such as cerebral dys that require approximately two weeks of medical treatment.

2. Around September 29, 2018, the Defendant violated the Road Traffic Act (driving) driven a B-to-purd vehicle under the influence of alcohol level of about 0.178% in the section of about 1km from the dynamic road of Eunpyeong-gu Seoul Metropolitan Government to the roads in front of the same Gu (hereinafter referred to as the “former Road Traffic Act”) at around 22:25.25.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E, F and G;

1. A traffic accident report (on-site survey report), a traffic accident scene photograph, a blue vehicle black records, video CDs, an inquiry into the results of the drinking driving control, and a driver with an investigative report.

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