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(영문) 서울중앙지방법원 2020.02.17 2019고단7511

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 vehicle B.

On September 26, 2019, the Defendant driven the said car while under the influence of alcohol 0.181% in blood alcohol concentration on September 26, 2019, and led Gangnam-gu Seoul to proceed with the said car according to one-lane from the Samsung Central Control Area to the main air basin.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating a vehicle in a direct manner in violation of the signal while driving the vehicle at the left turn, and suffered injury, such as a fluoring of a closed fluor, which requires approximately six weeks of treatment to the victim due to its shock in the front part of the Efluor vehicle operated by the victim D (Nam, 78 years old) in the front part of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victim.

2. Around 06:06 September 26, 2019, the Defendant was driving a B Poson vehicle with a blood alcohol concentration of approximately 250 meters from the 250-meter section to Seoul Gangnam-gu, the place of accident under paragraph (1) on the front of G in Gangnam-gu Seoul, Seoul, while under the influence of alcohol of about 0.181%.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Fact-finding certificates;

1. Application of crime preventionCCTV image Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (3) 2 of the Road Traffic Act.