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(영문) 서울북부지방법원 2019.09.05 2019고단2397
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 10:30 on April 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving CNAVI 110G-wheeled Vehicle under the influence of alcohol level 0.13% in the front road in Seongbuk-gu Seoul Metropolitan Government, while driving the front road on the blood alcohol level 0.13%.

At the same time, the victim F (79 years of age) was driving a two-wheeled vehicle at a narrow frame, and in such a case, the driver of the motorcycle had a duty of care to reduce the speed and properly manipulate the brakes and steering gear to prevent accidents in advance by properly manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected this and neglected it, thereby reducing speed in the front by occupational negligence, which did not properly operate the brake and steering gear, and did not avoid the GVF-125 two-wheeled vehicle of the victim who did not turn to the left, and had the victim go beyond the ground by receiving the left part of the victim's two-wheeled vehicle in front of the two-wheeled vehicle of the defendant.

As a result, the Defendant driven the above-wheeled vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the inception of the details between the right-hand booms, which requires medical treatment for about 12 weeks, to the victim.

2. Around 10:20 on April 21, 2019, the Defendant driven the two-wheeled vehicle under the influence of alcohol by 0.133% in the section of about 500 meters in blood alcohol concentration from the front of a restaurant near Haak-gu Seoul, Gangnam-gu to the place indicated in the preceding paragraph at around 10:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigation report on the actual condition of traffic accidents, report on the circumstantial statements of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on field photographs and CCTV images 1.

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