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(영문) 서울남부지방법원 2019.09.19 2019고단3096

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

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 BMW automobiles

On May 28, 2019, the Defendant driven the said car under the influence of alcohol of 0.120% with a blood alcohol concentration of 0.0% 0.120% on May 28, 2019, and led the front road of Gangseo-gu Seoul Metropolitan Government to proceed with the front road of Gangseo-gu Seoul Metropolitan Government along the direction of the village, such as the water from the dives of

At the same time, the signal was installed and operated normally on the front bank, so in such a case, the driver had a duty of care to take care of the front line well and operate the brake and steering gear accurately and safely in accordance with the new code.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the air at the mast to the signal air, led the victim D (hereinafter referred to as 32 years of age) who was driven by the victim D (hereinafter referred to as the “V”) who was under the influence of alcohol, shocked the part of the Defendant’s passenger vehicle to the front-hand part of the passenger vehicle, and shocked the above cruise vehicle into the front-hand part of the passenger vehicle, which was driven by F, which was under the influence of the signal from the front side to the signal air.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the cutting of a duct, which requires medical treatment for about three weeks.

2. The Defendant was driving BMW car in the state of 0.120% alcohol concentration at the section of approximately 20km from the 20km to the front road of Gangseo-gu Seoul Metropolitan Government, on the roads near the diving station located in 265, Songpa-gu Seoul Olympic Games, such as the above paragraph 1 of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D, F);

1. The actual condition of traffic accidents, and the report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to a report on the control of drinking driving;

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