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(영문) 서울남부지방법원 2020.12.17 2020고단3295
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a horse.

On May 4, 2020, the Defendant, while under the influence of alcohol at 0.139% of blood alcohol concentration on May 4, 2020, was drunk and was unable to drive normally, such as a string distance, but the Defendant was driving the said car and driving three lanes in front of Seoul Yeongdeungpo-gu along the two-lanes toward the intersection of the E market from the side of the D market.

However, since at the time the signal was at night and in operation, the defendant engaged in driving service had a duty of care to reduce the speed and safely operate it by checking well the right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not care well, was driven by the victim F (years 61) who was in the atmosphere of the signal in the same direction from the front line of the same direction, and received the part of the panion in front of the car in front of the horse in front of the said horse group.

Ultimately, while driving a car in a state where it is difficult to drive a car normally due to alcohol, the Defendant suffered from the injury of the victim F and the victim H (the 52 years of age) who is the same passenger due to the above occupational negligence, such as “influent salt, tension,” which requires two weeks’ medical treatment.

2. Around 23:01 on May 4, 2020, the Defendant driven a maribu car in the state of alcohol with a blood alcohol concentration of about 0.139% from the front of the Seocho Station Public Parking Lot located 7, 28:00, Seoul Seocho-gu, Seoul, to the front road of the Seoul Yeongdeungpo-gu Public Parking Lot to the front road of the Seoul Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the video verification by this court;

1. Statement on the occurrence of a traffic accident;

1. The report on the actual condition of survey, the report on the occurrence of traffic accidents, and the notification of the results of the drinking driving control;

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