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(영문) 서울동부지방법원 2019.06.03 2019고단95
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 to Dangerous Driving) is a person engaging in driving a B rocketing car.

On December 2, 2018, at around 08:07, the Defendant driving the said vehicle with a blood alcohol concentration of 0.191% 0.1%, and driving the three-lane road in front of Gwangjin-gu Seoul Special Metropolitan City along the middle 119 Safety Center flooded by the middle string distance.

A three-lane change.

However, there is an intersection where signal lights are installed at the front bank, so in such a case, a person engaged in driving service has a duty of care to properly see the front bank and the left and right, and to prevent the accident by accurately manipulating the operation and the steering gear.

Nevertheless, the Defendant changed the course of driving in a state where normal driving is difficult due to influence of drinking, and was driving by the victim D (the 60-year old) who is a victim D (the 60-year old) in the front direction of the Defendant at the three-lanes of the Defendant, and did not find the rocketing taxi and did not look back the back part of the vehicle to the left side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driven the said rocketing car within a three-lane radius from the mid-gu Seoul Metropolitan Government Myeoncdong to the third-lane road in Seoul Special Gwangjin-gu, in the state of being drunk with a blood alcohol concentration of 0.191% at the time and time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A medical certificate;

1. Investigation report on the actual condition of a traffic accident, report on the circumstantial statement of a model driver, report on the detection of a model driver, investigation report (applicable to the circumstantial report of a model driver and the Badmark formula);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant Article of the Criminal Act and the aggravated punishment of specific crimes for which punishment is chosen.

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