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(영문) 서울중앙지방법원 2020.12.14 2020고단5765

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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 who is engaged in driving a motor vehicle B.

1. Around August 22, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said re-scheduled car with approximately 0.203% of alcohol content under the influence of alcohol around August 22, 2020, and led to the progress of the roads adjacent to the alternate station located in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul at the center of Seocho-gu, to the unfluened speed by the flood-free distance from the south side of the terminal.

At the time, the accident place was located near the intersection where signal lights are installed, so in such a case, there was a duty of care to reduce the speed to a person engaged in driving service, to look well at the right and the right, and to prevent the accident in advance by driving safely according to the signals instructed by signal lights.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the left due to negligence, and received the front part of the victim C(Nam, 78 years old) driving with the left turn in accordance with the left turn on the road adjacent to the left turn at the time, and received the front part of the car as the front part of the car.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered a diversative advantage that requires about six weeks of medical treatment to the victim.

2. Around August 22, 2020, the Defendant driving a motor vehicle under the influence of alcohol with approximately 0.203% of the blood alcohol concentration at the section of about 11 km from the Do near the F cafeteria located in Overcheon-si to the road near the said shift calendar distance as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A report on traffic accident, a report on the circumstances of a drinking driver, and a report on the results of crackdown on drinking driving, and a photograph of the accident site;

1. Medical certificate for the preparation of a medical doctor G;

1. CCTV video CDs;

1. Each investigation report shall be made in the circumstances of the host driver.