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(영문) 서울서부지방법원 2019.10.17 2019고단2748
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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. Around 01:07 July 4, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driving of DK5 automobiles with a blood alcohol concentration of about 0:186% from the 10m section from the Mapo-gu Seoul Mapo apartment parking lot to the front road of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu).

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed on July 4, 2019 by the Defendant driving the motor vehicle described in paragraph (1) at the front side of Mapo-gu Seoul Mapo-gu, Seoul, under the influence of alcohol concentration of 0.186%, while driving the motor vehicle under the influence of alcohol level 0.186%.

In addition, it is difficult to drive a motor vehicle under normal conditions due to influence of drinking, and since it was at night, there was a duty of care to safely drive a motor vehicle in accordance with the direction indicating traffic safety facilities by checking well the situation.

Nevertheless, under the influence of alcohol, the Defendant received the back part of the left side of the Gran-low-income car driven by the victim FF (the age of 47) who was under normal course in the front bank due to the negligence that the Defendant was under the influence of alcohol and did not care well for the front side of the car driven by the Defendant.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.

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