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(영문) 서울동부지방법원 2019.08.29 2019고단1874

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

Reasons

Criminal facts

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 a BM6

On May 7, 2019, at around 18:49, the Defendant driven the said car under the influence of alcohol level of 0.114% in front of DJ in Gwangjin-gu Seoul Special Metropolitan City, while driving the said car at a 0.114% of alcohol level, and was proceeding from the Olympic Bridge to the Jambridge.

At this point, the entry route of the cloud bridge (one-lane) is the two-lanes in combination with the two-lanes in the Olympic Bluscing Zone, and in such a case, the driver of the motor vehicle has a duty of care to ensure the driving of the motor vehicle by properly operating the steering gear and properly operating the steering gear.

Nevertheless, the Defendant neglected to do so and failed to properly operate the steering gear while under the influence of alcohol, and obstructed the above white-ray section and proceeded into the two-lane of the above road by the victim E(51) with the two-lane of the above road. The lower part was placed on the left side and the lower part in the front part of the Defendant’s vehicle’s right side.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim G (the 46 years of age) who is a partner of the said car and the said rocketing car, due to the influence of alcohol, for about two weeks of medical treatment.

2. Around May 7, 2019, the Defendant was driving a BM6 vehicle while under the influence of alcohol with approximately 0.114% of alcohol level on the section of about 11.2km from around the 11.2km to the place specified in paragraph (1) on the front of Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. The actual survey report on traffic accidents;