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(영문) 서울중앙지방법원 2019.09.20 2019고단4750
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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 engaged in driving B K7 automobiles

On June 7, 2019, the Defendant driven the said car under the influence of alcohol of 0.184% with blood alcohol concentration around 07:40 on June 7, 2019, and led the front road of Gangnam-gu Seoul Metropolitan Government to a two-lane radius from the surface of the city hospital distance to the surface of the new station distance.

At this point, there was a crosswalk with signal lights installed on the front door, so in such a case, there was a duty of care to prevent accidents in advance by safely operating the crosswalk in accordance with the new code by reducing the speed to the driver of the vehicle, and examining whether there is a pedestrian who walked on the front door.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it, and caused injury to the victim, such as damage of rain that requires approximately two weeks of treatment to the victim due to his shock, by taking the body of the victim D (ma, 27 years old) who walked along the crosswalk from the right side of the Defendant’s driving car as the front part of the right side of the Defendant’s driving car.

Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. Around 07:40 on June 7, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.184%, and the Defendant driven the said B K7 car from the street on the front side of the “F cafeteria” located in Gangnam-gu Seoul, Gangnam-gu to the front road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Investigation report on the actual condition of a traffic accident, notification on the results of the regulation of drinking driving, circumstantial statement of a drinking driver, and investigation report (report on the status of a drinking driver);

1. Medical certificates (D).

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