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(영문) 서울중앙지방법원 2019.09.03 2019고단4822
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(위험운전치상) 피고인은 2019. 5. 21. 23:40경 서울 서초구 B 앞길을 혈중알콜농도 0.150%의 술에 취한 상태에서 C BMW 승용차를 운전하고 뱅뱅사거리 방면에서 남부터미널사거리 방면으로 시속 약 115km로 진행하게 되었다.

In this case, the driver of the vehicle has a duty of care to prevent the accident by keeping the safety distance well, maintaining the safety distance, and complying with the restricted speed, since he has a wide range of traffic and has a large traffic volume at the latest.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to keep the front door at the speed of about 55 km per hour, and did not maintain a safe distance, and due to negligence in the course of business, the victim D (30 years old) who was parked in order to keep the signal in front of the driving direction of the Defendant was placed in the back part of the passenger vehicle driven by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. in each of the two weeks medical treatments to the victim.

2. Around 23:40 on May 21, 2019, the Defendant driven a CMW car under the influence of alcohol concentration of about 0.150% from the 5m radius to the 5m radius from the calendar station of Gangnam-gu Seoul Metropolitan Government to the front route of Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the reproduction and viewing of CDs, such as black boxes and videos;

1. A written statement on the occurrence of a D traffic accident;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and traffic accident analysis and replies;

1. The circumstantial statement, investigation report, and investigation report of the host driver (applicable to the circumstantial report of the host driver and the Bamark Official Form);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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