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(영문) 서울중앙지방법원 2019.07.19 2019고단3240

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 engaging in driving a M& car

On April 30, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.233% 0.23% around 13:05 and driven the said car in front of the D convenience store in Gwanak-gu in Seoul Special Metropolitan City along the three-lanes of the four-lane road from the dial post office distance room in the eroscop, along the eroscopic distance.

Since the F-to-land cargo vehicle driven by the victim E (73 years old) was stopped in the front line of the vehicle running by the defendant, in such a case, the driver of the vehicle has a duty of care to view the front line and the right and the right and the right of the vehicle and to properly coordinate the steering devices, brakes, etc. of the vehicle and to prevent the accident from being delayed.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of drinking, such as a remote distance, which led to the Defendant’s failure to drive normally due to the influence of drinking, and received the back part of the cargo vehicle of the said victim, prior to the left side of the car of the Defendant.

As a result, the defendant suffered from occupational negligence the injury such as fluoral salt, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a Category B Ma-car with a blood alcohol concentration of 0.23% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A medical certificate;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).