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(영문) 서울중앙지방법원 2019.05.17 2019고단1286
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 who is engaged in driving a passenger car in B.

On October 30, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.223% 0.23% around 03:09, and driven the said car at a speed of about 60km as soon as possible at the end of the opposite direction from the tunnel direction of the Seocho-gu Seoul Metropolitan Government if the two-lanes are close to the two-lane 34 ambi,00,000,000,000.

At night and at the center of the road, there was a separate charge in the center, so there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle complies with the vehicle line; and (b) a person engaged in driving of a motor vehicle, who is well aware of the steering gear, and driving safely along the lane.

Nevertheless, under the influence of alcohol, the Defendant neglected to enter the opposite direction, and went to the opposite direction, caused by occupational negligence, and led the front part of the DKankn kn kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

2. Around 03:09 on October 30, 2018, the Defendant driven a Bice-type car under the influence of alcohol content of 0.223% at the 15km section from the parking lot of the building in Jung-gu Seoul Metropolitan Government to the 34.2m amb in Seocho-gu from the parking lot of the building in Jung-gu to the 34m amb.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (on-site investigation reports) and investigation reports (on-site public application);

1. The application of Acts and subordinate statutes to the blood alcohol appraisal report and diagnosis report;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the option of criminal facts is given.

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