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(영문) 서울남부지방법원 2019.10.17 2019고단4279
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 the duty of driving a Grandroth vehicle B.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above vehicle around 00:10 on August 3, 2019, and proceeded one-lane between the four-lanes in the direction of sexual intercourse in the direction of sexual intercourse from the scopic intersection of the scopic intersection.

A driver of a vehicle has a duty of care to see the front door and prevent the accident, but has a duty of care 0.171% of blood alcohol concentration which is difficult to drive in normal condition, and 2-lanes of the victim C(37 years old) driving with two-lanes in the same direction of mast while driving the said vehicle while driving the said vehicle in the state of alcohol of 0.171%, the driver of the vehicle shocked with the front wheels of the driver's vehicle of the victim C(37 years old) with the front wheels of the vehicle of the defendant, and the driver of the vehicle shocked the front part of the victim E(44 years old) driving of the victim E(the victim E(the victim E) who continued to drive.

The Defendant, by occupational negligence, sustained injury to the victim C, such as catherum, tensions, etc., requiring approximately two weeks of treatment, and suffered injury to the victim E, such as salt catum, tensions, etc., requiring approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at the underground parking lot for a H restaurant in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon at the same time, driven the said car while under the influence of alcohol with a blood alcohol concentration of about 0.171% at the 15km section of approximately 15km to the intermediate point in the Olympic Games.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (C, E);

1. A survey report on actual condition (1) (2) and each medical certificate;

1. Application of Acts and subordinate statutes to the regulations on drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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