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(영문) 서울남부지방법원 2020.12.10 2020고단3926

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was committed on June 10, 202 by the Defendant, who is engaged in driving of Bbenz automobiles, with a blood alcohol concentration of 0.160% under the influence of alcohol around 0.15 on June 10, 2020.

At the same time, there are three-distance crossings that are not equipped with signal apparatus, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as reducing the speed prior to the entry into the intersection or temporarily stopping the motor vehicle, and checking whether there is a vehicle crossing by checking well the right and the right after the temporary stop.

Nevertheless, due to the negligence that the Defendant, while neglecting this due to the influence of alcohol, went through the intersection as it is, conflicts between the left-hand side of the GcoC car driven by the victim F (F, South, 45 years old) who was driving directly from the right-hand side of the road to the right-hand side of the car driving in the right-hand side of the passenger car driving by the Defendant.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, such as salt, tension, etc. in need of a two-day medical treatment, and injury to the victim H (ma, 45 years old), who is the passenger of the damaged vehicle, for about three weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 300 meters section of blood alcohol concentration from the roads in front of the E lending village located in I at the time of the Gyeonggi-do in the above paragraph (1) to the roads in front of D in the same city as D in the same city, while under the influence of alcohol concentration of about 0.160%.

Summary of Evidence

1. Defendant's legal statement;

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