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(영문) 서울남부지방법원 2020.04.16 2019고단5805
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a BScar car.

around 22:20 on October 10, 2019, the Defendant driven the said car while under the influence of alcohol concentration of 0.14% on the front of Gangseo-gu Seoul Metropolitan Government C on the roads of Gangseo-gu, Seoul, and led it to the direction of the separation distance from the side of the solar bank.

At the time, the E bus driven by D (52 years old) was in the air traffic signal at the front section of the said car, so in such a case, the driver of the vehicle had a duty of care to see the front door and safely manipulate the steering and steering system, thereby preventing the accident.

Nevertheless, the Defendant neglected to do so and was negligent in removing from the brakes due to influence of drinking, and the part of the front part of the passenger vehicle's vehicle's vehicle's vehicle's bus's rear part was received as the front part.

In the end, the Defendant suffered from the injury of the victim F (the age 22) who is the passenger of the bus due to the foregoing occupational negligence in the situation where it is difficult to drive the bus due to influence of drinking, such as a red, rhythm, and the horses, and the Defendant suffered from approximately two weeks of the injury such as the cryp, tension, tension, etc. in need of medical treatment, and on the victim G (the age 46) who is the passenger of the bus, about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Reporting on the occurrence of a traffic accident and the application of each medical certificate to statutes;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a danger driving) and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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