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(영문) 서울중앙지방법원 2019.10.16 2019고단3398

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 of benz vehicles.

On May 11, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.13% of blood alcohol concentration at around 01:16, and led the Defendant to make a right-hand turn bypass from the front side of Jongno-gu Seoul Metropolitan Government to the intersection of the intersection of the intersection.

At the time of the defendant's front line, the Eststststy taxi driven by the victim D(48 years old) was stopped to the signal atmosphere, and thus, the driver of the vehicle had a duty of care to look at the front line and the right and the right and the right and the right and the right and the right of the driver of the vehicle, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not breath, and was negligent in performing duties that failed to properly operate the brakes, and received the back part of the above rocketing-type vehicle from the front part of the above rocketing-type vehicle to the victim D, who is a taxi driver, for about two weeks of need to receive approximately two-day medical treatment, and suffered injury, such as climatic salt, tensions, and tensions that require approximately two-day medical treatment to the victim F (53 years of age), and suffered injury, such as climatic salt, tensions, and tensions that require approximately two- weeks of medical treatment to the victim G, who is a passenger (56 years of age).

As a result, the Defendant was unable to drive in normal condition due to influence of drinking, and was injured by the victims by driving the benz car.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report, an inspection report on the circumstances of a drinking driver, and an investigation report;

1. A copy of a medical certificate, or a copy of a medical certificate;

1. The fact-finding response letter (No. 1, 3) submitted by the defendant or the prosecutor consented to the use of the evidence as evidence on the two-time trial date, and thus, it should be used as evidence of guilt (Supreme Court Decision 87Do966 delivered on October 10, 1989). The defendant and the defense counsel's assertion are determined 1.