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(영문) 서울서부지방법원 2019.08.22 2019고단1577
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 10:30 on April 24, 2019, the Defendant driven an E-cracked car under the influence of alcohol of about 0.110% of blood alcohol concentration from the road adjacent to C in Mapo-gu Seoul Metropolitan Government to the road adjacent to the same Gu D.

2. On April 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the said cruise car under the influence of alcohol level of 0.110% on Apr. 24, 2019, while driving the said cruise car, and driving the two-lane road in front of Seoul Mapo-gu Seoul at a speed of about 40km along the speed of about 40km from the front side of the Fungdo.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering gear and safely driving the steering gear, as well as to not only drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, but also, at the time, there was a motor vehicle under a stop in the signal air at the front.

Nevertheless, under the influence of alcohol, the Defendant, while driving the brakes under the influence of alcohol and not operating the brakes properly, went through the back-line of the Hone Star car operated by the victim G (the age of 29) who was in the atmosphere of the signal at the front of the said cruise car, and due to this shock, the said Lone Star car is now being pushed in the future, and the Defendant conflicts with the back-line of the J one of the passenger cars driven by the victim I (the age of 50) who was in the atmosphere of the above signal.

Ultimately, the Defendant driving the said cruise vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim G, such as climatic salt in need of treatment for about two weeks, and suffered injury to the victim I, such as climatic salt, tension, etc. for about two weeks.

Summary of Evidence

1. The defendant's legal statement 1.

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