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(영문) 서울중앙지방법원 2019.09.18 2019고단4413
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car in C Sti district.

On June 26, 2019, at around 00:30, the Defendant driven the said car while under the influence of alcohol of 0.159%, and driven the road near Gangnam-gu Seoul Metropolitan Government in the direction of the designated hill distance from the direction of the office distance of Gangnam-gu.

At night, the Defendant was at night, and the Defendant was in accordance with FMFW car driven by the victim E (the age of 48). In such a case, the Defendant, who is engaged in driving duty, has a duty of care to safely drive the front bank and prevent accidents in advance by maintaining a safe distance, by accurately manipulating the operation of the brake system.

Nevertheless, the defendant did not discover the above BMW car which was stopped according to the stop signal while neglecting this, and received the rear part of the above BM car as the front part of the vehicle driven by the defendant.

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 from the victim G (the 26 years old) who is a partner of the said car with the victim E and BMW, respectively, for about two weeks of medical treatment.

2. On the date and time limit set forth in paragraph (1) of the Road Traffic Act, the Defendant was driving a motor vehicle in the above Swiss area while under the influence of alcohol with a blood alcohol concentration of about 0.159% from the 3Km section from the Cheongdamdong in Gangnam-gu to the front road of Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Investigation report on the actual condition of traffic accidents, drinking records, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes (E, G);

1. The injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed in the corresponding Article of the Act;

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