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(영문) 서울동부지방법원 2019.07.22 2019고단1152

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 new-tech XD car.

On March 30, 2019, at around 21:45, the Defendant driven the said car while under the influence of alcohol of 0.184%, and led to two lanes in front of the Dental Care Hospital located in Gangdong-gu Seoul Metropolitan Government, to drive at the speed of 30km per hour in the direction of cancer in the direction of rock stations from the view of the astronomical distance.

Since there is a crosswalk on which signal lights are installed at a front door, the driver of the motor vehicle had a duty of care to observe the signal and prevent the accident by checking well the front door.

Nevertheless, the Defendant neglected to stop the vehicle driving signal even though it was due to negligence, and led to the negligence of disregarding and proceeding the vehicle driving signal, the victim E (62 years old) and the victim F (65 years old) who opened the crosswalk from the right side of the vehicle driving direction to the left side.

After all, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury such as 4 and 5 of cage cage cage cages, etc. for about four weeks to victims E, and 4 weeks to the victim F, such as fage cage fage fage fage fages, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on detection of a drinking driver;

1. CCTV image CDs and field photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act.