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(영문) 서울남부지방법원 2019.09.05 2019고단2667

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. Around 02:30 on April 19, 2019, the Defendant driven a vehicle E-capbbing in the state of alcohol with a blood alcohol concentration of about 700 meters from the front of Yeongdeungpo-gu Seoul Metropolitan Government to the front of D elementary school located in the same Gu C from approximately 700 meters to the front of D elementary school located in the same Gu.

2. The defendant is a person engaged in driving a motor vehicle with a caps E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 19, 2019, at around 02:30 on April 19, 2019, the Defendant driven the said car while it is difficult to drive the car normally due to influence of drinking, and led the four-lane roads in front of the D elementary school located in Yeongdeungpo-gu Seoul Metropolitan Government C to drive the four-lane road in front of the D elementary school located in Yeongdeungpo-gu Seoul Metropolitan Government along the non-speed speed according to the new forest basin.

At the same time, there was an intersection where signal lights were installed, and the vehicles were stopped in front of the intersection for the signal atmosphere, so there was a duty of care to reduce the speed and prevent the collision with the vehicle stopped in front of the intersection by well examining the road.

Nevertheless, the Defendant, by negligent negligence while under the influence of alcohol and driving along the same two-lanes of F (the age of 42) driving, was placed at the back of F (the age of 42) driving that was stopped for the signal waiting at the above two-lanes of the above road, and the said rocketing car was pushed forward by the Defendant’s front-hander of the car, and the victim H(the age of 24) driving caused the victim to have the back-hander of the car in the front of the said rocketing car.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual traffic accident investigation report and the circumstantial statement of the driver;

1. Notification of the results of drinking driving control and the application of Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;