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(영문) 서울중앙지방법원 2020.01.14 2019고단8194

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

The Defendant is a person who is engaged in driving freight B and B.

1. Around 00:57 on November 9, 2019, the Defendant driven a truck with the blood alcohol concentration of about 0.181% from the 2km-dong to the front road of Geumcheon-gu Seoul Metropolitan Government, while driving the truck under the influence of alcohol of about 0.181% from the 2km-dong to the 3km-gu Seoul Metropolitan Government.

2. On November 9, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the above cargo vehicle while under the influence of alcohol content of 0.181% on blood on November 9, 2019, and made the front of Geumcheon-gu Seoul Metropolitan Government turn to the left at the seat of the Gangnam Circulation Highway from D.

At this point, there was a duty of care to safely drive a person engaged in driving service with a signal, etc. by reducing speed and by checking well the right and the right of the person.

Nevertheless, the defendant neglected to pay off the vehicle driving signal while being a green light, which was driven by the victim E in accordance with the new subparagraph, due to the negligence of left-hand turn, had the victim E, who was driven by the victim E, be the front part of the F K5 si driving.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc. in need of treatment for about two weeks, by negligence as above.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing vehicle accident images and CD reproduction;

1. Statement of the occurrence of E traffic accident;

1. A fact-finding survey report, traffic accident occurrence report, and closure photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes requesting appraisal to reports on the statement of the status of the driver, investigation reports (report on the circumstances of the driver), and response to requests for appraisal;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) of the Road Traffic Act concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to