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(영문) 서울남부지방법원 2019.02.14 2018고단6467
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 17, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (the Defendant) driving a BSP car under the influence of alcohol concentration of 0.214% on September 17, 2018, and led the front road of Geumcheon-gu Seoul Metropolitan Government to proceed to the Gu telephone station from the bank of the Geumcheon Police Station.

At the time, the Defendant, prior to the same direction, was behind the E QM5 car driven by the victim D (the age of 31), and in such a case, a person driving a motor vehicle had a duty of care to ensure the safety distance with the vehicle in front and to prevent the accident in advance by keeping the safety distance with the vehicle in front and keeping it well.

Nevertheless, the Defendant, while neglecting the above duty of care, was negligent in driving a motor vehicle while under the influence of alcohol by the Defendant, who driven the motor vehicle in front of the motor vehicle in QM5 vehicle driving by the victim.

Ultimately, the Defendant, while driving a sprink in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, damaged the said QM5 car by KRW 916,703 as repair cost.

2. Around 09:00 on September 17, 2018, the Defendant driven the scke vehicle under the influence of alcohol leveling 0.214% from the 2km section of approximately 2km from the 09:15 on the roads near the Gwanak-gu Seoul Special Metropolitan City Forest Station to the frontway of Geumcheon-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. Investigation report (report on the circumstances of a drinking driver), notification of the results of the crackdown on drinking driving, and investigation report (applicable with the mark);

1. Vehicle accident images;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The pertinent Act on the Aggravated Punishment, etc. of Specific Crimes (Act No. 10210, Mar. 31, 2010) regarding criminal facts is enacted.

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