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(영문) 서울동부지방법원 2019.07.26 2019고단1703

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

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 engaged in driving B K5 automobiles;

On April 7, 2019, at around 00:41, the Defendant driven the above vehicle in a state where the normal operation of the vehicle is difficult, such as the vehicle's horse is partitioned into a breath state of blood alcohol concentration of 0.210%, the pedestrian is spared and walked on the face, and driven the vehicle in the direction of the radio wave distance from the spons of the spon underground road of Songpa-gu Seoul.

At the time, the front door is a new wall, and the passage of the vehicle is frequent, so a person engaged in driving a motor vehicle has a duty of care to see the front door well, to accurately operate the steering system of the motor vehicle, brakes, and other devices, and to prevent the occurrence of an accident by considering road traffic conditions.

Nevertheless, the Defendant’s negligence, while neglecting the front city, led to the shocker of the EK5-si driven by the victim D (Nam, 57 years old) who was going ahead of the direction of the Defendant’s proceeding. The lower part of the backer of the EK5-si driven by the Defendant’s driver.

The Defendant suffered injury to the victim, such as salt, tension, etc., which requires approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driven the K5 vehicle as described in paragraph 1 while under the influence of alcohol 0.210% of the blood alcohol concentration at the section of approximately 2 km from the 2km to the place set forth in paragraph 1 on which it is impossible to identify the name in G located in Songpa-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual situation survey report, the place of measurement and output of drinking, the request for appraisal, the report on detection of a drinking driver, the circumstantial statement of a drinking driver, and the meeting report for appraisal;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;