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(영문) 서울남부지방법원 2020.12.01 2020고단2288
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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving freight B and III;

On April 11, 2020, the Defendant driven the above cargo vehicle while under the influence of alcohol of 0.124% with blood alcohol concentration around 20:33, and led the front of Geumcheon-gu Seoul Metropolitan Government to drive the above cargo vehicle in the direction of 0.124%, and the front of the road of Geumcheon-gu Seoul Metropolitan City along the Gu telephone station from D room to the two-lane way.

In this case, there was a duty of care to safely operate the system and steering gear of the driver of the vehicle by accurately operating the system and steering gear of the driver of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, tried to take passengers on the bed on the bed on the bed off at the bed off of the bed off by negligence while neglecting this, she moved back the part of the F taxi driven by the victim E (ma, 54 years old) to the part of the panion in front of the cargo of the Defendant.

As a result, the Defendant, while driving a cargo in a situation where normal driving is difficult due to influence of drinking, suffered injury, such as cutting the cage of a cage cage that requires approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as described in paragraph (1) of the above Article, the Defendant driven the Bwning-III cargo vehicle with the blood alcohol concentration of about 0.124% in the section of about 2km from the Geumcheon-gu Seoul Metropolitan Government G apartment road to the front road of the same Gu C, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, a statement on the occurrence of a traffic accident, a site photograph of the accident, a notice on the results of the regulation of drinking driving, a report on the situation of a drinking driver, and an investigation report;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 148-2(3)2 and Article 44(1) of the Road Traffic Act concerning criminal facts.

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