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(영문) 서울중앙지방법원 2019.05.15 2019고단1541
특정범죄가중처벌등에관한법률위반(위험운전치상)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 November 24, 2018, the Defendant driven the above car at around 07:35 on November 24, 2018, and made the turn to the left at about 50 km per hour according to seven-lanes from the sloping of the art hall in front of the art hall of the Seoul Seocho-gu, Seoul.

Since there is an intersection where signal lights are installed, there was a duty of care to reduce the speed for persons engaged in driving service and prevent accidents by driving safely according to signals.

Nevertheless, while under the influence of alcohol content 0.118%, the defendant was driven by the victim C(50 years of age) who was driven by the left-hand turn to the left at the front of the Madon Art in front of the Madon Art in front of the Madon Art by negligence in violation of the signal at the 0.118% of alcohol content, and was driven by the victim C(50 years of age) who was driven by the two sides of the MadW car in front

In the end, the Defendant, as seen above, suffered from an injury, such as climatic salt, etc., which requires approximately three weeks of medical treatment, by negligence, to the victim who drives a motor vehicle while normal driving is difficult due to influence of alcohol.

2. The Defendant violated the Road Traffic Act (F) at a temporary border such as Paragraph 1, driving B K7 cars while drunkly under the influence of 0.118% alcohol concentration from the front of the “F” main point in Gwanak-gu in Seoul Special Metropolitan City to the front intersection of the Arts Complex in Seocho-gu, Seoul Special Metropolitan City (hereinafter “F”).

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the circumstances of a drinking driver, and reports on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts.

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