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(영문) 서울북부지방법원 2020.01.09 2019고단4760
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The Defendant is a driver of a car in the NAS Scoo.

1. On September 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said car while under the influence of alcohol level of 0.129% on blood alcohol level on September 23, 2019, and driving the said car in front of Seongbuk-gu Seoul Metropolitan City along the front cycle of the Seongbuk-gu Seoul Metropolitan City with the front direction from the mast section to the front direction.

In this case, a driver of a motor vehicle has a duty of care to live well in the front line, to accurately operate the steering direction and operation system, and to inform the direction change in advance in advance and to change the direction safely.

Nevertheless, the Defendant was negligent in neglecting the duty of care and changing the course in a situation where normal driving is difficult, such as a rhythm, a large color, and the ging-out distance, by neglecting the duty of care and neglecting the course. The victim D (the age 42) driving E in one lane on the left side of the direction of the Defendant’s driving, which was driven by the victim D(the age 42) driving E in one lane on the right side of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which does not have any one within two weeks of open medical treatment, due to the above occupational negligence.

2. The Defendant is a person who has been issued a summary order of three million won by the Seoul Central District Court on May 14, 2014.

As above, the Defendant, as a person who violated the regulations on the prohibition of drinking driving, driven the said vehicle on the front side of Seongdong-gu Seoul through about 5 km from the front side of Seongdong-gu to the front side of Seongbuk-gu Seoul, while under the influence of alcohol level of 0.129% at the same time as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (report on the circumstances of an immigration driver);

1. The report on traffic accidents (the actual survey report);

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