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(영문) 서울북부지방법원 2019.05.23 2019고단830
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

The defendant is a person who is engaged in driving a ecoo vehicle B.

On February 4, 2019, at around 20:35, the Defendant: (a) was unable to drive normally, such as (b) a four-lane road in front of the Dobong Police Station located in the 403-ro, Dobong-gu Seoul Metropolitan Nowon-gu; (c) a road with a blood alcohol concentration of 0.122%; and (d) a road with a walking and walking on the face, making it difficult for the Defendant to drive the said vehicle while driving the vehicle and driving it along the one-lane from the Chang-dong Underground Road to the Nowon-gu Office.

At all times, the victim C(n, 32 years old) was waiting for and stopping a signal, and thus, in such a case, the person engaged in driving a motor vehicle has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with it as it was by negligence, and received the following part of the above Accub passenger car as the front part of the said Acubs car.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim C, such as the 4-5-day unstable human injury that requires treatment for about 4 weeks, injury to the victim D (the 40-year old), who is the passenger of the said mother-learning car, for approximately 5 weeks of injury, such as the injury to the left-hand side leg, and the injury to the victim E (the 64-year old) in need of treatment for about 2 weeks of light dial salt, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement and E in the occurrence of a traffic accident of C;

1. The actual condition survey report;

1. A report on detection of a host driver, a report on the circumstantial statements of a host driver, and an investigation report (report on the circumstantial situations of a host driver);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts.

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