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(영문) 서울남부지방법원 2020.06.23 2020고단396
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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant was a person engaging in driving of BM3 automobiles, and the Defendant was under the influence of alcohol around 23:20 on December 21, 2019, while blood alcohol concentration of 0.146% on the condition of under the influence of alcohol on December 21, 2019, while it is difficult to drive normally, such as walking with very red and high-ranged red and high-distance, but driving of the said vehicle and driving of the said vehicle on the front road of the iron industry of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, along the two-lane distance from the 3-lane distance of digital complex to the

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with the two-lanes, and received the back portion of the DK7 car driven by the victim C(the age of 37) who circumvented the two-lanes in the same direction.

As a result, the Defendant driven the said SM3 vehicle in a state where normal driving is difficult due to the influence of drinking, suffered from the injury of the said victim, such as a drilling, which requires approximately two weeks of medical treatment, and at the same time suffered from the injury of the victim E, who boarded the damaged vehicle for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (MM3) driving the said SM3 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.146% at the section of approximately 2.6K m2 up to 103, Geumcheon-gu Seoul, Seoul, the place where the said accident occurred, on the road front of the exit area of Guro-gu Seoul Metropolitanro Digital Group No. 3, Guro-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, a statement on the occurrence of a traffic accident, a statement on the occurrence of a traffic accident (victim, accused, the accident site and vehicle photograph;

1. The circumstantial statement, investigation report (the circumstantial report of the host driver), and the master driver.

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