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(영문) 서울중앙지방법원 2020.04.24 2019고단2201
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BM6 cars.

On March 7, 2019, the Defendant was under the influence of alcohol of 0.106% of blood alcohol concentration on March 7, 2019, and the Defendant driven the said car with the two-lanes of the two-lanes between the two-lanes by using the front road of the agency located in Gangnam-gu Seoul Metropolitan Government as the shooting distance range of the shill station.

Since there are three-distance crossings in which signal apparatus is installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by reducing speed in advance to a person engaged in driving the motor vehicle and keeping the right and the right of the road well.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and led the right side part of the Fmp car of the victim E (E, South and 41 years old) driving to turn to the left in accordance with the new code from the spon park room in the spon road located in the spon station of the designated spon station, which is left to the left.

As a result, 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 to the said victim, such as the chill, tension, etc., of the chill in need of medical treatment for about two weeks, the Defendant suffered injury to the victim G (ma, 26 years old), of the chill and the chilled salt, etc. in need of medical treatment for about two weeks, and the Defendant suffered injury to the victim H (ma, 29 years old) of the chill in need of medical treatment for about two weeks, as well as the chill, tension, tension, etc. of the detailed part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident actual condition survey report, and photographs of each vehicle;

1. Each written diagnosis and written estimate;

1. Report on the statement of the status of the driver, and investigation report, respectively (report on the circumstances of the driver and the application of the Ba mark);

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 19);

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is applicable to the relevant criminal facts and the choice of punishment.

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