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(영문) 서울동부지방법원 2020.02.19 2019고단3841
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 engaging in driving a car A7 A7 AD

On August 2, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.114% 0.14% around 04:30, while under the influence of alcohol, and driven the said car along the two-lanes around 124.8km in Seoul, Yangyang Expressway, which is located in the jurisdiction of the Gangwon-do Seoul, along the two-lanes toward Seoul.

At the time, it was difficult at night, and since it is an expressway with frequent traffic of other vehicles, the driver of the vehicle has a duty of care to safely drive the vehicle by accurately manipulating the boom and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to drive the said vehicle while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and did not find the victim C (ma, 45 years old) driving in the front direction of the Defendant’s driving, and did not find the Dabco22 tons of the above truck, and received the part on the left side of the said truck in front of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim C, such as the victim E (the 36-year old age) who was on board the Defendant’s vehicle, for about 8 weeks of medical treatment, due to the above occupational negligence, the victim E (the 36-year old age) who was on board the Defendant’s vehicle, such as the closure of the part above T11 and T12.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.114% at the section of about 200km from the insular area (hereinafter referred to as the “insular area”) to the place under paragraph (1), starting from the insular area (hereinafter referred to as the “insular area”) at the time of temporary border to the place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Report of traffic accident, report of actual condition survey, report of the control of drinking driving;

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