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(영문) 서울동부지방법원 2019.09.27 2019고단2478
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

On October 30, 2015, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court.

Criminal facts

The defendant is a person who is engaged in driving a B-man car.

On June 25, 2019, the Defendant driven the said car with a blood alcohol level of 0.150% 0.150% around 07:0 on June 25, 2019, and led the three-lanes in front of Gwangjin-gu Seoul Special Metropolitan City to drive the three-lanes from the northwest of the Yan-gu Bridge to the south speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front section and the left and right, and to accurately manipulate the steering direction and the brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and continued to shock the part of the victim D(61 years old), which is proceeding in the front bank by negligence, into the front part of the victim F(52 years old), with the front part of the victim F(52 years old) driving, the lower part of the part behind the victim F(52 years old) driving.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol level of 0.150%, while driving a motor vehicle under the influence of alcohol that makes it difficult to drive normally due to the influence of alcohol, and suffered injury to the victim H(63 years old), such as a salt fright (influoral and distribution) in need of treatment for about two weeks, and a fluoral injury to the victim H(63 years old) in need of treatment for about two weeks, and a fluoral dluoral f in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident set forth in the D, H and F;

1. A traffic accident report;

1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, etc.;

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