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(영문) 서울동부지방법원 2020.11.27 2020고단3129
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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 engaging in driving a passenger car B

On August 8, 2020, the Defendant driven the above car while under the influence of alcohol on August 22:45, 2020, and led the front side road C in front of the Gyeonggi Suwon-gu, Gyeonggi-gu, the film park was driven at the seat of the guard.

At the same time, there is a duty of care to safely operate the steering system and the steering system by properly manipulating the steering room and the steering system for the driver of the motor vehicle, since the vehicle is the side road of the house, both of which are parked and the place where pedestrians can move.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not properly look at the front bank, received the victim D (the age of 62) who walked in the front bank by negligence, and had the victim go beyond the floor.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as damage to the head's character which requires approximately four weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B in the state of alcohol alcohol concentration of about 0.215% from a section of about 350 meters from the roads in front of the Gyeonggi-gu Si in Suwon-si to the roads in front of the Gyeonggi-gu in Suwon-si, the Gyeonggi-gu, the Gyeonggi-gu, the Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Report on the circumstantial statement of a drinking driver, and records of blood alcohol concentration;

1. Investigation report (report on the circumstances of a host driver) and investigation report (verification of CCTV images for crime prevention, etc.);

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) of the Road Traffic Act as to the crime.

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