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(영문) 서울동부지방법원 2019.09.18 2019고단2333
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not less than eight months and a fine not exceeding four million won.

However, imprisonment shall be executed for two years from the date the 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 the person driving a B car;

On June 18, 2019, at around 00:18, the Defendant driven the said car with a blood alcohol concentration of 0.105% 0.105%, and 3-lanes of the four-lanes in front of Songpa-gu Seoul Metropolitan Government were proceeding from the 4-lanes in front of the Songpa-gu Seoul Metropolitan Government to the intersection of the crogate.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by driving a motor vehicle safely by driving the motor vehicle on the front side, the left side, and the left side and the steering system, etc. accurately.

Nevertheless, the Defendant found the victim D (the age of 58) who was parked in the atmosphere through the signal at the front intersection of the road by negligence while smelling alcohol and driving the said vehicle to the extent that the pedestrian walked to the extent that the pedestrian walked, found the victim D (the age of 58) who driven the said vehicle late, operated it rapidly, but did not avoid it, but did not get out of it, and received the victim's vehicle backer with the victim's front driver, and suffered the victim's light fluor, which requires approximately two weeks of medical 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.

2. The Defendant violated the Road Traffic Act (driving) at the above date, at the above place, driving approximately 4 km car while under the influence of alcohol concentration of 0.105% from the front of a restaurant in the lux in Songpa-gu Seoul, Songpa-gu to the front of the Seoul Songpa-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, records of measurement of drinking, and medical certificates;

1. Penalty provision: 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes / [Selection of Imprisonment] Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037)

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