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(영문) 서울중앙지방법원 2019.07.16 2019고단3393
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving automobiles BenzGLE350;

피고인은 2019. 3. 6. 11:00경 혈중알콜농도 0.214%의 술에 취한 상태로 위 승용차를 운전하여 서울 강남구 C 앞 편도 5차로의 도로를 뱅뱅사거리 방면에서 도곡1동주민센터사거리 방면으로 1차로를 따라 진행하게 되었다.

However, at the same time, the victim D(37 years of age) Echip car was in the order of signal signal, and in such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the echip and accurately manipulating the steering system and maintaining the safety distance.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the front city and the operation of the operation system under the influence of alcohol, the Defendant received the part of the Defendant’s driving in front of the passenger car in front of the Defendant’s driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim D, such as brain-dead, which does not have any open two shops where treatment for about two weeks is needed.

2. The Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) at the time and time set forth in paragraph (1) of this Article, driving the said vehicle without obtaining a driver’s license within approximately 500 meters section from the Do on the roads below the 500-meter roads in Gangnam-gu Seoul, Seoul to the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. A medical certificate;

1. A report on the statement of the status of a driver and an investigation report (applicable to the Tramark Official Form);

1. Control note and investigation report (No. 22 No. 5 of the evidence list).

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