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(영문) 서울남부지방법원 2020.01.07 2019고단5296

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 B SP car.

On July 24, 2019, at around 12:25, the Defendant driven the said car while under the influence of alcohol of 0.240% of blood alcohol level, and driven the said car on the one-lane road in front of the Gyeonggi-si, the front side of the Gyeonggi-do, with the string-down road from the string off to the string distance.

A driver of a motor vehicle had a duty of care to prevent an accident by properly operating the brakes by properly operating the brakes while living well on the left and right of the motor vehicle, but the defendant neglected this duty and failed to properly operate the brakes, and received the back part of the left-hand side of the victim D(the age of 47) driven by the victim D(the age of 47) who was driving the opposite vehicle, as the front part of the motor vehicle left-hand side of the motor vehicle of the defendant.

In the end, the Defendant, while driving a spke car in a situation where normal driving is difficult due to influence of drinking, such as a little strhym, a little string and red, suffered injury, such as salt, tension, etc., which requires approximately two weeks of medical treatment for the victim due to the above accident, and the victim F, who is a passenger of Au Q7 car, for approximately two weeks of medical treatment for the victim of Audi Q7 (the age of 46).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D, F);

1. Notification of a survey report on actual condition and the control results of drinking driving;

1. Application of Acts and subordinate statutes to the report on the circumstantial statement of a host driver and written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of running a sound driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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