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(영문) 서울중앙지방법원 2020.05.08 2020고단1679
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

The Defendant is a person who is engaged in driving a K7 vehicle.

1. On February 6, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said vehicle under the influence of alcohol leveling to approximately 0.135%, and driving the said vehicle near Seocho-gu Seoul at a speed that would not be known depending on three-lanes from the Cheong Accountingside to the crost distance protection area, while changing the vehicle along the four-lane.

At the time, it is a new wall at the time, and the victim D (the age of 30) was a pre-driving vehicle on the side line of the vehicle that the defendant was driving, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and drive safely after he saw the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and did not properly look at the situation of the front and the surrounding traffic while it is difficult for the Defendant to drive the vehicle in a state of normal traffic due to influence of drinking, and was negligent in changing the front line of the vehicle driving by the Defendant, and received the front part of the vehicle driving seat of the vehicle in the front line of the vehicle driven by the Defendant.

In the end, the Defendant driven a vehicle while under the influence of alcohol which is difficult to drive normally, and suffered injury to the victim, such as light fluoral salt, for about two weeks of treatment.

2. On February 6, 2020, the Defendant driven the said vehicle under the influence of alcohol with approximately 0.135% of alcohol concentration at the section of approximately 2km from the road near Seocho-gu Seoul Metropolitan Government to the road near Seocho-gu Seoul Metropolitan Government, around February 6, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. Reports on traffic accidents;

1. Papers of measurement records of drinking alcohol;

1. Application of diagnostic certificates, on-site photographs statutes;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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