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(영문) 서울북부지방법원 2019.11.21 2019고단3403
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and four months;

However, this judgment has become final and conclusive against Defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is a person who is engaged in driving a vehicle CK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act.

On May 15, 2019, at around 23:45, the Defendant driven the said car while under the influence of alcohol of 0.158%, and entered the road of four-lanes in front of the Seoul Southern-gu, Gangnam-gu along three-lanes, along the three-lanes to turn to the left from the water-similar distance on the side of the two-lanes.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the direction directed by the driver and to prevent accidents.

Nevertheless, the Defendant, while driving a straight lane under the influence of alcohol and driving the left turn at the two-lanes due to negligence of the victim E (the age of 30) driving, received the right side part of the F&learning car as the left part of the said K3 car, and suffered injury to the victim, which requires approximately two weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

B. The Defendant, at the time and place indicated in paragraph (1) of Article 1, was under the influence of alcohol with a blood alcohol concentration of 0.158%, and the Defendant: (a) had friendly B, who was waiting to conceal the facts causing an accident while driving the said vehicle, asked for the statement that the accident occurred while driving the said vehicle; and (b) caused B to have the intent to make a false confession.

Therefore, the Defendant, at around 23:00 on May 15, 2019, sent to B to the accident site, had B drive the said vehicle and made a false statement that the traffic accident occurred. On May 18, 2019, at the Seoul Gangseo-gu Seoul Northern Police Station and the traffic investigation team office, at around 406, B used the said vehicle to the police officer.

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