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(영문) 서울서부지방법원 2019.08.22 2019고단1855
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. A person who is engaged in driving a motor vehicle B at the same time in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 14, 2019, the Defendant, while under the influence of alcohol around 21:40% of blood alcohol concentration, driven the front road of Mapo-gu Seoul Metropolitan Government C at a speed that would not be known by driving the said vehicle on the one-lane road, among the two-lane roads, in order to drive the front road of Mapo-gu Seoul Metropolitan Government in the direction of Mapo Station from D elementary schools.

The driver of any motor vehicle shall live well in the front direction of the vehicle and drive the motor vehicle, and shall not drive the motor vehicle while normal behavior or drive the motor vehicle is difficult due to alcohol influence, and shall accurately operate the steering gear, brakes and other devices of the motor vehicle and shall not drive the motor vehicle at a speed or in a manner that may cause danger and impediment to other persons according to the structure and traffic conditions of the road.

Nevertheless, the Defendant, as seen above, tried to check the front door while driving a vehicle in a situation where normal driving is difficult due to drinking, while driving the crosswalk on the front door of the Defendant’s driving vehicle by negligence, and tried to see the right side of the rearer of the XF 20d car driving by the victim E (E, South and the age of 30) who discovered and stopped pedestrians.

As a result, the Defendant suffered injury to the victim E, the victim G (ma, 31 years old), and the victim H (ma, 31 years old), respectively, by occupational negligence, for approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol level of 0.131% at the same time as that of the preceding paragraph, while driving the BHabbbing vehicle from the front of Mapo-gu Seoul to the front of the same J.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

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