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(영문) 서울서부지방법원 2019.05.30 2019고단880
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 21:40 on February 22, 2019, the Defendant driven an E 3 car under the influence of alcohol with a blood alcohol concentration of 0.183% from the section of approximately 11km from the Seodaemun-gu Seoul to the Seoul Jongno-gu C front D.

2. On February 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while under the influence of alcohol by 0.183% from blood alcohol concentration inside Jongno-gu Seoul, Jongno-gu Seoul, the Defendant driven the K3 car described in paragraph (1) in front of Jongno-gu Seoul, while driving the car at a sloping speed between two lanes from the right edge of the red sloping tunnel and attempting to overtake the vehicle.

In a situation where normal driving is difficult due to the influence of drinking, it shall not be allowed to drive a motor vehicle in a state where normal driving is difficult, but it shall not overtake because it was at night and inside a tunnel, and even before it, it has a duty of care to properly operate the steering gear and the brakes by properly manipulating the steering gear and the brakes.

Nevertheless, the Defendant neglected this and attempted to overtake in a tunnel in which overtaking is prohibited under the influence of alcohol, but did not properly look at the front line, changed the front line, and received the back portion of the left side portion of the Genz's car driven by the victim FF (year 31) who was normally driven at the second-lane of the moving direction due to the negligence of driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and sustained injury to the victim F by driving the said car, such as catitis, tension, etc., which requires a two-day medical treatment, and suffered injury to the victim H (V) who is a passenger of the said batts car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

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