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(영문) 서울남부지방법원 2020.10.06 2020고단1273

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars BM5

On February 21, 2020, at around 03:20, the Defendant driven the said car while under the influence of alcohol of 0.136% of alcohol concentration, and led the Defendant to drive the said car along the front road of Geumcheon-gu Seoul Metropolitan Government C building along the five-lane radius from the city interest distance room at the city interest distance.

At the same time, the road was installed at night and signal signal, so in such a case, the driver of the vehicle had a duty of care to see the front door well and to prevent the accident in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, under the influence of alcohol, was negligent in the course of driving a vehicle on the front side of the driving direction while driving the said vehicle while making it difficult for the Defendant to drive the vehicle in a normal condition, and without immediately operating the vehicle on the front side of the driving direction, and was negligent in the course of driving the vehicle on the part of the victim D (ma, 53 years old) who was parked in five lanes ahead of the driving direction of the Defendant, and suffered injury, such as clouds and tensions that require approximately two weeks medical treatment for the said SM5 vehicle.

Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. The Defendant violated the Road Traffic Act (MM5 driving) driving a BM5 vehicle under the influence of alcohol by 0.136% of alcohol concentration on the roads near the Ansan Art Park (Gu Gyeyang Park) located in the Mayang-si, Annyang-si, Annyang-si, Annyang-si, Seoul, on the roads near about 5km of alcohol level from the roads near the Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The traffic accident report, the traffic accident occurrence report, the investigation report (the report on the actual status of the employee concerned), and the circumstantial statement report of the employee concerned; and