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(영문) 서울동부지방법원 2020.08.20 2020고단1348

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 engaging in driving a rocketing car.

1. On March 19, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said car while under the influence of alcohol level of 0.158% around March 23, 2020, and driving the said car at a point 0.4 km on both sides of the Seoul Yangyang Expressway located in Gangdong-gu Seoul Metropolitan Government, along with three-lanes of the said road, is proceeding to the U.S. I. Military Court

The lanes have changed to two lanes.

At night, there is a vehicle driving a two-lane, so in such a case, the driver of the vehicle has a duty of care to inform the driver of the vehicle of the direction by direction, etc. in advance and to change the lane safely by making the traffic situation of the front and rear left well.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 3차로에서 2차로로 그대로 차선을 변경한 과실로 2차로를 진행하던 피해자 C(여, 52세) 운전의 D 포르테쿱 승용차의 우측 뒤 펜더 부분을 위 소나타 승용차의 좌측 앞 범퍼부분으로 충격하였다.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, from the parking lot of the “F” head office located in Gangnam-gu Seoul Metropolitan Government E to the 0.4km of the Seoul Yangyang Highway located in Gangdong-gu to the 0.4km 0.4km away from the 14km section of the Seoul Yangyang Expressway to the 0.158% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of a traffic accident, and application of Acts and subordinate statutes, such as a report on the actual state of the traffic accident to the drinking driver, a circumstantial statement, and a report on site photograph;

1. Criminal facts;