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(영문) 서울중앙지방법원 2021.02.10 2020고단7741
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 25, 2020, the Defendant driven the above vehicle while under the influence of about 0.189% of alcohol during blood in around 23:04, and led to the flow of approximately 30 km/h/h of the surface from the Changnam-gu Seoul Metropolitan City to the intersection of its original south.

At the time, there was a night and a signal, etc. near the intersection, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the driver by reducing the speed and driving on the right and the right and the right and the right at the time.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D (son, 29 years old) who was in the front bank without due care of the surrounding traffic condition, and received the rear part of the victim D (son, 29 years old) in front of the above K5 vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt ties, tensions, etc. that require approximately two weeks of medical treatment to the victim.

2. Defendant 1 driven the above K5 vehicle under the influence of alcohol concentration of about 0.189% in the section of approximately 2 km from the Do near the subway station located in Jongno-gu Seoul Metropolitan City to the roads near the Gu of the same Gu at the time of the day indicated in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Statement report on the situation of a driver driving a drinking, and vehicle photograph notified as a result of regulating drinking driving;

1. A medical certificate (F marked off) Babbbbox image CD (E);

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of dangerous driving)

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