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(영문) 서울서부지방법원 2021.01.21 2020고단3208
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 Bsch Rexroth car.

On August 25, 2020, the Defendant driven the said car under the influence of alcohol level of 0.177% during blood alcohol level from around 17:59 on August 25, 2020, while driving the said car in the direction of the rock distance from the direction of the Yongsan-gu Seoul, Yongsan-gu, Seoul to the direction of the rock distance after driving the said car, the Defendant was moving to the direction of the street from the front direction of the Yongsan-gu, Yongsan-gu.

In front of the direction of the defendant run by the victim F (46 cc) at the time, the G Cost Sheet vehicle driven by the victim F (46 cc) was parked in order to turn to the left at the right-hand distance from the front of the direction of the defendant. In such a case, the driver of the motor vehicle has a duty of care to prevent the accident by safely operating the steering gear and brakes accurately and at a speed, while driving the motor vehicle in a safe manner.

Nevertheless, the defendant was found to have been driving on the left-hand part of the front driver's vehicle operated by the victim by negligence while normal driving is difficult due to influence of drinking, such as the fact that the defendant is inaccurate at the time, the state of walking is big, and the blood color is red, and thus, he received the top-hand part of the front driver's vehicle operated by the victim.

After all, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of the medical certificate stating the circumstances of the driver's license in the main state of the defendant's legal statement;

1. Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of the total of the long-term punishments of the above two crimes) of the Aggravation of Concurrent Crimes.

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