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(영문) 서울북부지방법원 2020.10.29 2020고단2057

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. On February 24, 2020, the Defendant driven a GDPR125A-wheeled vehicle under the influence of alcohol with a blood alcohol concentration of about 0.247% from the 80m section from the front road of Dongdaemun-gu Seoul to the front road of the same Gu from the Dongdaemun-gu Seoul Dongdaemun-gu to the front road of the same Gu.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DPE) is a person engaged in driving a DPE125A-wheeled vehicle.

On February 24, 2020, at around 08:15, the Defendant driven the above vehicle while under the influence of alcohol 0.247% of alcohol concentration, and turned the four-lane road in front of Dongdaemun-gu Seoul Metropolitan Government along the same line from the East-gu Fire Prevention Zone to the long-distance long-distance outflow.

There is a place where the center line of yellow-ray is installed, and at the time, the driver of the motor vehicle has a duty of care to protect the signal and prevent the accident in advance by making the internship from the permissible point of view.

Nevertheless, the Defendant, while neglecting the influence of alcohol, went along two-lanes due to the negligence of the Defendant’s failure to commit the signal and the negligence of the center line, followed by the two-lanes by the victim E (Nam, 62 years old). The Defendant shocked the front part of the Defendant’s wheeled into the right side of the two-wheeled taxi.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt of the shoulder, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's statement in his/her legal statement E in traffic accident, the actual condition investigation report, photographs, and black video CDs;

1. The application of Acts and subordinate statutes, including medical certificates, investigation reports (verification as to whether agreement is reached), circumstantial statements, investigation reports (report on the circumstances of an original driver), primary drivers, report on primary drivers, and written examination of alcohol alcohols;

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;