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(영문) 서울중앙지방법원 2019.01.04 2018고단7487
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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 a shower car;

On September 18, 2018, the Defendant driven the said car while under the influence of alcohol of 0.133% of blood alcohol concentration at around 23:08, and led to the intersection of the 2406 art center in front of the Seocho-gu Seoul Seocho-gu Seoul Seoul Seoul Southern-ro, Seoul, to drive the said car at the speed of five lanes between the two-lanes and the two-lanes.

At the time, the place is a three-distance intersection with a traffic signal installed in the front door, and immediately after entering the intersection, pedestrian crosswalk was placed, so the defendant, who is engaged in driving of a vehicle, had a duty of care to prevent the occurrence of an accident by safely driving the vehicle by keeping the traffic situation before, after and after the front door, and after the passage of the intersection.

Nevertheless, the Defendant neglected this and neglected to drive in a state where it is difficult for the Defendant to drive in a normal condition due to a sudden negligence in violation of the signal while driving, and received the body of the victim C (the age of 20) who walked on the crosswalk in accordance with the green signals of the pedestrian crosswalk, as part of the right-hand part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as a multi-dratulation, which requires medical treatment for about 14 weeks, to the said victim.

2. Around September 22:58, 2018, the Defendant driven a shower car with approximately KRW 0.133% of alcohol content in the section of approximately 2.6 km to the south-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Arts Center, at around the beginning of the 219 Information Company at the site of the tunnel construction and around 23:08 on the same day, as Seocho-gu Seoul Western-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol against the defendant 1.

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