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(영문) 서울남부지방법원 2020.02.06 2019고단5811
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 cars BM7

On August 5, 2019, the Defendant: (a) around 21:40 on August 21, 2019, while under the influence of alcohol by 0.127%, the Defendant was in a state of difficulty in normal driving, such as a little fluence and a little red state with a little blood color; (b) however, the Defendant driven the said car and driven the said car into five-lanes of the fluence distance in front of Geumcheon-gu Seoul Metropolitan Government with the fluence distance in front of Geumcheon-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was parked in the parking lot of Geumcheon-gu Seoul, Geumcheon-gu Seoul, which was parked on the right-hand side of the five-lane, led the victim D to have the front wheeler of the Erocketing passenger car owned by the victim D, and caused the victim F to shock the loading of the G D D D D D D D D D D , which is located below the parking lot, and at the same time the victim H (the age of 60) was parked, shick the back penter part of the IK 3 car with the victim H.

As a result, the Defendant driven the said SM7 car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim H, such as light salt, tension, etc. for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven the said SM7 car from the road in which it is impossible to find out of approximately 3km to the front day of Geumcheon-gu Seoul, Geumcheon-gu, Seoul while under the influence of alcohol concentration of 0.127% in the above temporary light to drive the said SM7 car from the 3km section to the front day of Geumcheon-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report and the actual condition report of the driver;

1. The notification of the results of the drinking driving control and the application of the law of the certificate of diagnosis.

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