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(영문) 서울남부지방법원 2020.08.20 2020고단1948

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person who is engaged in the driving of Branchising car and is in an inaccurate state of alcohol 0.157 percent of blood alcohol concentration around 01:30 on February 17, 2020, when normal driving is difficult due to influence of drinking, such as influenite, walking off, red-lighting on face, etc., the above vehicle was driven and the vehicle was driven in the direction of the bring Park in the direction of the city in the direction of the city in the direction of the city in the vicinity of the city, such

At night, and both vehicles are parked along side streets, so the Defendant had a duty of care to reduce speed and drive safely, despite the fact that the Defendant had a duty of care to drive safely, due to the negligence on the left side of the Defendant’s vehicle driving in the direction of the vehicle driving, she received the part on the left side of the Defendant’s vehicle driving Da (56 years old) by driving the victim Da(56 years old) which was stopped on the left side of the Defendant’s vehicle driving, and suffered two luxal luxal luxscops by the victim.

2. Around 01:30 on February 17, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.157% on the roads near Gangseo-gu Office located in 302, Gangseo-gu, Seoul, the Gangseo-gu, the Gangseo-gu, the Gangseo-gu, the Gangseo-gu, Seoul, and the roads in front of the Seoul Yangcheon-gu, the Defendant driven Bulow-do car at approximately five kilometers from the five-lane section

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (on-site survey report), a field map of a traffic accident, a photograph of an accident site, a statement in the situation of a traffic accident (victim), a multi-purpose CCTV image photograph, an investigation report (time of an accident), an investigation report (whether or not the Bamark public model is applied);

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;