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(영문) 서울남부지방법원 2020.01.07 2019고단5237
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 01:50 on August 29, 2019, the Defendant driving a DNA car with approximately 300 meters away from the front side of Gangseo-gu Seoul Metropolitan Government to the front side of the same Gu, while under the influence of alcohol 0.112% in blood alcohol concentration.

2. On August 29, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car with blood alcohol concentration of 0.112% while under the influence of alcohol around 01:50 on August 29, 2019, and led the Gangseo-gu Seoul Metropolitan Government intersection to go through the erode of the erode from the ero

At the time, there was a vehicle signal at night, and there was a vehicle signal at the front door, so the person engaged in driving service has a duty of care to see the front door, drive it in good faith, and properly manipulate the steering gear and the brake system, and prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent by entering the intersection by violating the signal and failing to properly operate the steering gear and operating the steering gear and the steering gear, and led the victim E(67 years old) driving on the right side from the left side of the passenger vehicle front line according to the new subparagraph, which was driven by the victim E(67 years old) driving on the right side.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (E);

1. Notification of a survey report on actual condition and the control results of drinking driving;

1. Application of Acts and subordinate statutes, such as a circumstantial statement and medical certificate to a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

1. The Criminal Act among concurrent crimes.

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