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(영문) 서울서부지방법원 2019.08.22 2019고단1912
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Around 23:50 on May 15, 2019, the Defendant driven a DNA car with the blood alcohol concentration of about 0.115% from the 5km section from around 163 Maro Station to the Seoul Mapo-gu Seoul Airport, along with the airport of Gangseo-gu Seoul, to the 163 Maro Station B.

2. Around 23:50 on May 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rocketing car with a blood alcohol concentration of 0.115%, and led the front of Mapo-gu Seoul to drive the said rocketing car along the instant one-lane from the edge of Gangnam-gu to the World Cup stadiums.

In the situation where normal driving is difficult due to the influence of drinking, the driver should not drive a motor vehicle in such a state as well as the driver should not drive a motor vehicle at night and at night, and in such a case, the driver has a duty of care to operate a motor vehicle safely by properly operating the steering wheel and brakes while living well in the front.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim E (the age of 59) who was standing in the front of the vehicle with a traffic vehicle at the front of the vehicle with the driver’s back of the FEF that was driven by the victim E (the age of 59).

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 light salt, which requires approximately two weeks medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and

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