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(영문) 서울서부지방법원 2019.10.31 2019고단2377
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Punishment of the crime

1. Around 18:30 on June 18, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driving from the area near a restaurant located in Eunpyeong-gu Seoul Metropolitan Government to the E-sale road located in Eunpyeong-gu, Seoul to approximately 2.5 km in approximately 0.140% under the influence of alcohol with blood alcohol content 0.140%.

2. On June 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a low-end car as referred to in paragraph (1), while under the influence of alcohol by 0.140% of alcohol level, while driving a e-sale road located in Eunpyeong-gu Seoul Metropolitan Government E-sale, Seoul, along the two-lane distance far from the G market.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive by properly operating the steering gear and steering the steering gear, as well as to not drive a motor vehicle in a state where normal driving is difficult due to the influence of drinking, but at the time, the vehicle was a large time of moving the motor vehicle, and there was a vehicle being driven in accordance with the new subparagraph at the rear.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim H(53 years of age) who was waiting in the rear bank due to negligence that did not live well in the rear bank while neglecting this, and was driven by the Defendant as the backper of the car driven by the Defendant.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as light dump, which requires treatment for about two weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

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 as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the former Road Traffic Act.

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