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(영문) 서울남부지방법원 2021.01.26 2020고단2934

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 21, 2020, the Defendant: (a) 02:53, while under the influence of alcohol at a 0.089% alcohol level, 0.089% of alcohol level; (b) when the Defendant was unable to drive normally due to the influence of alcohol such as the rain distance, he was driving the said vehicle while driving the said vehicle, and (c) the front part of Geumcheon-gu Seoul Metropolitan Government is driving the vehicle at a non-speed speed depending on one lane in the direction of D apartment apartment in the direction of D apartment from bank trees shooting distance; (d) on the front part of the Defendant’s proceeding, the Defendant was driving the vehicle at a speed prior to the direction of the vehicle, the fW125 Oba, a traffic signal and stopped, and maintaining the safety distance with the front part of the vehicle, despite having a duty of care to drive safely, the Defendant suffered from the front part of the said vehicle under the influence of the Defendant’s vehicle under the influence of alcohol.

2. On April 21, 2020, the Defendant was under the influence of alcohol content of 0.089% during blood transfusion on April 21, 2020, the Defendant driven B K3 cars from approximately one kilometer to the front road of Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of the video verification by this court;

1. A written statement on the occurrence of each traffic accident;

1. Report on a traffic accident, report on the occurrence of a traffic accident, report on the circumstances of the driver who is placed in driving, investigation report (report on the circumstances of the driver who is placed in driving), and notification of the results of regulating the driving of drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning criminal facts and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4