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(영문) 서울동부지방법원 2019.05.31 2019고단684
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

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On January 28, 2019, at around 22:25, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.184% on the road in front of Songpa-gu Seoul Metropolitan City, Songpa-gu, Seoul, while driving the said vehicle at a five-lane away from the remote distance in the fall market, while driving the vehicle at a five-lane away from the remote distance in the fall market, and making a stop for the signal signal.

Since there is an intersection where the vehicle signal apparatus is installed, there was a duty of care to operate the brakes by properly operating the brakes while living well on the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant was driven by the victim D(the age of 65) who was under the influence of alcohol due to negligence in not operating the operation of the operation system, and was driven by the victim D(the age of 65).

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. The Defendant was under the influence of alcohol level of 0.184% without obtaining a driver’s license in the 7km section from the Do in front of the subway station in Seoul Gangnam-gu to the place indicated in the above paragraph (1), at the time and time set forth in the above paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report prepared in D;

1. The actual survey report on traffic accidents;

1. Records of drinking tests, reports on the circumstantial statements of drinking drivers, and reports on the detection of drinking drivers;

1. A medical certificate;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes to the scene of an accident.

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