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(영문) 서울남부지방법원 2019.03.19 2018고단6255

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. On October 12, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a BcopiC car with a blood alcohol concentration of 0.131% under the influence of alcohol around 22:40 on October 12, 2018, and driving three-lanes in the direction of the Guro basin in Seoul Guro-gu, Seoul.

In such cases, no driver of any motor vehicle shall drive the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, he/she shall accurately operate the steering gear, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that may cause any danger and injury to others according to the traffic situation of the road and the structure and performance of the motor vehicle, and he/she has a duty of care to safely report the traffic situation on the front side and prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the steering gear and operation of the steering gear in the front direction, led the victim D(32 years of age) driving in the front direction to the front part of the Defendant’s vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D and the victim F (the victim F (the victim 22 years old), who is the passenger, for about two weeks of treatment.

2. Around 22:40 on October 12, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.131%, and the Defendant was driving Bcopic car from the Seoul Guro-gu G apartment parking lot to the Seoul Guro-gu 482 high-class car from the 5km section from the Seoul Guro-gu G apartment parking lot to the 482 high-class car.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement, a fact-finding report, a statement on the occurrence of a traffic accident, and a result of the drinking control;

1. Each written diagnosis shall be subject to the law.