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(영문) 서울중앙지방법원 2019.07.18 2017고단8110
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 to Dangerous Driving) is a person engaged in driving motor vehicles B;

On October 1, 2017, the Defendant driven the said car while under the influence of alcohol 0.221% on blood alcohol level around 20:48, and continued to drive the said car at the front side of Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) from D Burial to E apartment room.

In this case, a driver of a motor vehicle has a duty of care to safely operate the steering gear and the steering gear to prevent accidents in advance by safely operating the steering gear.

Nevertheless, the Defendant was negligent in driving in a state where it is difficult to drive under normal conditions, such as a string, red, and walking, while under the influence of alcohol, and the Defendant was driven by the victim F (38 years of age) who stops at the right edge of the Defendant’s driving direction, and received the part of the front part of the car driving on the right edge of the vehicle of the Defendant.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, was inflicted on the victim F and the victim H (V, 40 years of age) who boarded the said victim F and the said Iddi vehicle, respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time, driven the said B-hand car while under the influence of alcohol content of about 80 meters from the first Do in Seoul Special Metropolitan City to the above C-Road.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Written statements of victims;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts shall be amended on December 18, 2018.

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