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(영문) 서울동부지방법원 2019.08.23 2019고단2003

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

Criminal facts

1. Violation of the Road Traffic Act (driving on May 21, 2019) is clear that the Defendant is a clerical error in the indictment written on May 21, 2019.

At around 01:19, the Yongsan-gu Seoul Metropolitan Government was driving C200 benz automobiles under the influence of alcohol level of about 0.140% from approximately 13 km to the front road of Songpa-gu Seoul.

2. On May 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said bents car with a blood alcohol concentration of 0.140% at around 01:19, and led the Defendant to drive the said bents car in front of Songpa-gu Seoul Metropolitan City to drive three-lanes in the direction of diving in the direction of locking distance in front of the sports complex.

At night and at night, a signal apparatus is installed at a front door. As such, the Defendant viewed the front door and operated the steering gear and steering system accurately, and the Defendant, in particular, was in a situation that makes it difficult to drive normally due to influence of drinking as above, and thus, was prohibited from driving the benz car.

Nevertheless, as seen above, the Defendant: (a) caused injury to the victim Ga (Nam, 56 years old) (i.e., the part of the victim Do (Nam, 56 years old) who driven the said benz car at the front of the benz due to negligence while neglecting the influence of alcohol and driving the said benz car at the front of the benz; and (b) caused injury to the victim Dog (Nam, 31 years old), such as the fencing fat and tension in need of treatment for about 10 days for the said benz vehicle; and (c) caused injury to the victim Ga (Nam, 29 years old), who was on the said bencing taxi, by taking the front fencing part of the said benz’s vehicle as the front fencing part of the benz; and (d) by taking approximately two-day medical treatment for about 2 weeks.

Accordingly, the defendant is driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking.