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(영문) 서울동부지방법원 2019.07.04 2019고단1416
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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 April 25, 2019, at around 00:05, the Defendant driven the said car while under the influence of alcohol 0.135% of blood alcohol level, and driven the front road of Songpa-gu Seoul Metropolitan Government along the four-lane which is the bus-only lane in the direction of the sports complex distance from the direction of Samsung C, and changed the course into three-lane.

At night, in such cases, the driver of a motor vehicle has a duty of care to maintain the safety distance from the vehicle to be driven by the vehicle and to change its course in the vehicle line, while maintaining a safe distance from the vehicle to be driven by the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, got off the right side part of the victim D(W, 60 years old) driving E in accordance with three-lanes due to the negligence of changing the vehicle line in which normal driving is impossible, and received the front part of the victim D(W, 60 years old) driving.

Accordingly, the Defendant, due to the above occupational negligence, suffered around three weeks from the victim D’s salt, tensions, etc., and from the victim F (ma, 66 years old) who was on board the damaged vehicle, about two weeks of clocks, tensions and tensions, etc.

2. Around 00:05 on April 25, 2019, the Defendant driven a vehicle B with approximately 5km while under the influence of alcohol concentration of 0.135% at the front of Songpa-gu Seoul Building on the road in front of the Gangnam-gu Seoul Metropolitan Government G Building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Scelle-cap;

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

1. Criminal facts;

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