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(영문) 서울중앙지방법원 2020.04.01 2020고단988

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving BTrack motor vehicles.

On November 8, 2019, the Defendant driven the said car while under the influence of alcohol of 0.118% on blood alcohol level around 04:00, while driving the said car, and proceeding the three-lane road of the 1479-lane in the south-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the string of the eroscopic distance from the eroscopic circulation, and stopped at the first lane in accordance with the new subparagraph.

At night and on the two-lanes of the above road, the victim C (the 57-year-old) is driving, and in such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle while normal driving is difficult due to the influence of drinking. In the event of the change of the vehicle, the driver of the motor vehicle has a duty of care to operate the direction direction, etc., give notice of the change of course, and to change the vehicle line safely by safely considering the traffic situation of the front and rear left.

Nevertheless, the Defendant, while driving the said vehicle under the influence of alcohol to the extent that the blood color is red and rhym and the string is debrised with the front door of the said vehicle due to the negligence of changing the string to the right side of the said vehicle, the front door of the said rocketing taxi was shocked with the front part of the right side of the said vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 04:00 on November 8, 2019, the Defendant driven B Track Motor Vehicle under the influence of alcohol content of approximately 0.118% from the 1km section to the place indicated in paragraph 1, from the 643-1 on the new road near the 643-1, Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), around 04:00.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of measurement of drinking alcohol;

1. A photograph, diagnostic document, a photograph of a black stuffe image.