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(영문) 서울남부지방법원 2019.08.13 2019고단2939
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven a B SP car on May 8, 2019, while under the influence of alcohol on May 17:10, 2019, and led the road front of Gangseo-gu Seoul Metropolitan City to run approximately 40 km in the speed of a D hotel.

At the time, the F i30 car driven by the victim E(the age of 27) was a signal condition to turn to the left. In such a case, there was a duty of care to make a person engaged in driving a motor vehicle with a duty of care to safely drive the motor vehicle while living well on the front side.

Nevertheless, under the influence of alcohol, the Defendant got off the 130 vehicle driven by the Defendant due to negligence not operating the operation of the operation system properly, and suffered injury that requires approximately 2 weeks of treatment, such as chilled salt, tension, etc., from the victim G (27 years of age) on board the said i30 vehicle, and suffered injury that requires approximately 3 weeks of treatment, such as chilling chills and tensions, from the victim G (27 years of age) on board the said i30 vehicle. The Defendant suffered injury to the victim H (1 years of age) who was on the back of the said i30 vehicle, requiring approximately 7 days of treatment, such as brain, etc.

After all, the defendant, in a situation where normal driving is difficult due to the influence of drinking, was driving the above car and suffered injury respectively to the victims.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to respond to a drinking test by inserting it into a drinking measuring instrument three minutes for about 25 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, smelting on the face, etc., from the GyeongjumJ of Seoul Gangnam Police Station I, while driving a B SPP car with drinking at the time and place specified in the above paragraph (1).

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를...

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