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(영문) 서울동부지방법원 2019.08.14 2019고단1758
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

Imprisonment shall be executed for two years from the date the 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 engaging in driving a vehicle BMW 520i

On May 7, 2019, around 05:20 on May 7, 2019, the Defendant, while driving the said vehicle under the influence of alcohol by 0.137% with a blood alcohol concentration of 0.137%, was stopped for signal atmosphere from “the south Tri-gu Tri-ri-ri” while driving the said vehicle at a diving room in the locking room.

Since there are three streets in which the vehicle signal apparatus is installed, the person engaged in driving of the motor vehicle has a duty of care to properly operate the brake while keeping the front door well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(38 years of age) who was under a stop at the front of the vehicle under the influence of alcohol due to negligence of not operating the brake system properly, and was driven by the Defendant as the front part of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt dump of the horse in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (AFS) at one time, at one place, the Defendant did not take measures at the time of the occurrence of a traffic accident under Article 54(1) of the Road Traffic Act, even though (a) the Defendant received the parts on the loading of D-driving trucks as above from the Defendant’s driver before the car and damaged D-owned trucks so that repair costs would be caused by the Defendant, and (b) D-owned trucks suffered injury, such as light d-ined salt d-inscoping

3. Violation of the Road Traffic Act (MM) by the Defendant on a temporary basis, via the place specified in paragraph (1) on the roads near Songpa-gu Seoul Olympic Games, located in Songpa-gu, Songpa-gu, Seoul, to the front road of the same Gu, the BMW under the influence of 0.137% alcohol concentration from the section of about 10.06 km to the front road of the same Gu F apartment.

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