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(영문) 서울남부지방법원 2020.01.21 2019고단5392
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On August 30, 2019, while the Defendant was under the influence of alcohol at 00:10% of blood alcohol concentration, the Defendant was under the influence of normal driving, such as 0.197%, by driving a vehicle with a non-scoping distance and crossing, but opening the front road of Guro-gu Seoul Metropolitan Government and driving a two-lane from the intersection to about 30 km in speed, the Defendant was under the influence of the victim D (the age of 27) who stopped ahead of the same lane due to the negligence that did not accurately handle the steering direction and operation system while opening the front road of Guro-gu Seoul Metropolitan Government and driving the two-lanes from the intersection to the right edge of the said vehicle driven by the Defendant.

Ultimately, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of alcohol, suffered injury to the victim D, such as salt, tensions, etc. of a trend that requires approximately two weeks of medical treatment, and suffered injury to the victim F (N, 26 years of age) who was on the said BMW car, such as salt, tensions, etc. of a trend that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D, F);

1. A traffic accident report (1), (2), and a written circumstantial statement of the principal driver;

1. Inquiry into the results of crackdown on drinking driving, and the application of each written diagnosis under statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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