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(영문) 서울남부지방법원 2020.10.29 2020고단2452

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

except that 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. Around 013:00 on May 1, 2020, the Defendant driven a F-wheeled vehicle under the influence of alcohol leveling 0.092% from the section of approximately 100 meters of alcohol level to the road near the “Ccafeteria” road located in Geumcheon-gu Seoul Metropolitan Government, to the “E” road located in the same Gu.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was a person engaged in driving the F-wheeled Motor Vehicle and driving the F-wheeled Motor Vehicle at around 13:00 on May 1, 2020, and led the front road in Geumcheon-gu Seoul Metropolitan Government D to a speed that cannot be known in the direction of vision from G apartment to the direction

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle so that people who walk on the road do not receive any traffic accident by reducing speed and accurately manipulating the steering and brakes of the motor vehicle by accurately manipulating the steering and brakes of the motor vehicle in order to prevent people who walk on the road.

Nevertheless, the Defendant neglected to drive the two-wheeled vehicle in such a manner that it is difficult for the Defendant to drive the two-wheeled vehicle normally, such as in a little distance and face, by negligence, while driving the two-wheeled vehicle, and driving the two-wheeled vehicle on the right side of the victim H, who walks the above side of the road on the one hand, was placed as the two-wheeled vehicle.

As a result, the Defendant caused an accident while driving a two-time motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury in the right-hand elbing in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident investigation report, a traffic accident scene report, photographs of the scene of the accident, statements on the occurrence of the traffic accident, and crime prevention CCTV for reporting on investigation;