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(영문) 서울중앙지방법원 2020.04.07 2020고단1139

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving of a vehicle Benz GLE350.

1. On December 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle while under the influence of alcohol content of approximately 0.209% on blood alcohol level on December 23, 2019, and led the road near Gangnam-gu Seoul Metropolitan City to a speed that makes it impossible to identify the said vehicle from the surface of the new station to the surface of the shooting distance of the

At the time, there are nights and other vehicles and crosswalks in the front door, so in such cases, there was a duty of care to prevent accidents in advance by safely driving a vehicle driver by reducing speed and checking well the front door.

Nevertheless, the defendant neglected this and was driven by the victim D(the age of 67) who was on the front side of the vehicle that the defendant was driving in the situation where it is difficult to drive normally due to influence of drinking.

Ultimately, the Defendant sustained injury to the victim D, who had driven the said rocketing 350 vehicle while under the influence of alcohol due to the difficulty of driving the said benz GLE3, by causing approximately four weeks of medical treatment.

2. On December 23, 2019, the Defendant driven the said vehicle under the influence of alcohol content of approximately 0.209% from the 2km section from Seocho-gu Seoul to the roads near Gangnam-gu Seoul, Seoul, while driving the said vehicle at around 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Results of traffic accident video CD reproduction and viewing;

1. Statement made to D by the police;

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

1. A medical certificate;

1. The circumstantial statement statement and investigation report of the drinking driver (the circumstantial report of the drinking driver, the personal records of the drinking driver), and the status of the drinking driver;

1. Application of Acts and subordinate statutes to the investigation report (No. 10 No. 5 of the evidence list);

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.