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(영문) 서울중앙지방법원 2019.03.19 2019고단291
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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 resulting from Dangerous Driving) is a person engaged in driving a 124 cc.

On November 17, 2018, the Defendant driven a e-mail vehicle with a blood alcohol content of 0.159% at around 03:40, and driven the e-mail vehicle with a view to 0.159%, according to the one-lane between the two-lanes, Seoul Special Metropolitan City Gwanak-gu, using the e-mail intersection, which is located in 192, from the e-mail of Seoul Special Metropolitan City.

Since there was a cross-section where signal apparatus was installed, there was a duty of care to prevent accidents in advance by driving safely according to the signals to a person engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where normal operation is difficult and neglected and neglected to follow the stop signal as it is, was placed in front of the Defendant’s two-wheeled vehicle by driving the victim D(57 years old) driving along the straight-line signal from the C elementary intersection to the right side of the E-si vehicle of the victim D(57 years old) who was driving in accordance with the straight-line signal.

Ultimately, the Defendant suffered injury to the victim D, who is a driver of the victimized vehicle due to the above occupational negligence during approximately two weeks of medical treatment, such as climatics, and climatics, etc., and injury to the victim F (23 years of age) who was taking advantage of the back seat of the two-wheeled vehicle by the Defendant, including the right flag, which requires medical treatment for about three months.

2. Around 03:40 on November 17, 2018, the Defendant driven a B-wheeled vehicle under the influence of alcohol content of about 300M from the section of approximately 000M to the salary string distance located in the same Gu from the vicinity of the exit of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report, an accident site photograph, and an accident site report;

1. Records of seizure and the list of seizure;

1. Each investigation report shall be made to the Korean driver, the Korean driver and the Korean driver.

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