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(영문) 서울동부지방법원 2020.09.16 2020고단1861
특정범죄가중처벌등에관한법률위반(위험운전치상)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 engaged in driving a B physical car;

At around 00:50 on May 10, 2020, the Defendant driven the said car while under the influence of alcohol of 0.161%, and led the front road in Gwangjin-gu Seoul Special Metropolitan City to the light-distance outflow from the middle string distance.

Since there is a center line of yellow-ray, in this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant was able to brupt with snow, influence, and influenitely drive the center line in a state where it is difficult to drive a car normally due to drinking, such as a little big distance, and the part on the left side of the victim E (Nam, 63 years old) driving, which was placed in the two-lane opposite direction of the Defendant, was placed in front of the left side of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving the body-man car described in paragraph 1 while under the influence of alcohol 0.161% in the section of about 1km from the front of a restaurant “H” in Gwangjin-gu Seoul Special Metropolitan City to the place of accident described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on the actual condition, a report on the actual state of a drinking driver, a notice of the control of drinking driving, and a report on the actions of a drinking driver;

1. Application of Acts and subordinate statutes to screen pictures by capturing a diagnostic letter, photograph, or black image;

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

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