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(영문) 서울중앙지방법원 2020.02.07 2019고단7798
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 B K5 automobiles;

On May 31, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.231% around 00:30 on May 31, 2019, and collected four lanes in front of the Seo-gu Office of Education in the 713 Incheon Western District Office of Education as the name of the Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, and changed the two-lane and three-lane from the surface of the ecological tunnel to the marg in the marg., the Defendant proceeded at a speed of 60km per hour.

At the time, the injured party C (V, South and fifty-three years old) was driving a D New Airport 47 passenger bus in the same direction as the Defendant in the same direction as the Defendant, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front and rear left well, and change the car line safely.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of the front-time driver, and neglected the two-lanes from the two-lanes to the three-lanes due to the negligence of changing the two-lanes from the two-lanes to the three-lanes, received the front part of the victim's driving's upper right side of the bus, and caused the victim to suffer injury, such as salt, tension, etc. of a trend that requires approximately two weeks of treatment.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victim.

2. Around 00:30 on May 31, 2019, the Defendant driven a B K5 car with a blood alcohol concentration of about 3 km from the 3km section to the front road of the place of accident in paragraph (1) on the road in front of the police station located in Gyeyang-gu Incheon Metropolitan City, to the front road of the place of accident in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition, an investigation report, and an investigation report;

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