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(영문) 서울동부지방법원 2020.12.17 2020고단3130
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving cars BM5

On August 31, 2020, the Defendant driven the said car while under the influence of alcohol on August 21, 2021:15, and driven the three-lane road in front of Seongdong-gu Seoul Metropolitan Government along the two-lane of the flow distance from the upper three-lane.

Since there is an intersection where the vehicle signal apparatus is installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the vehicle, such as putting the front door on the person engaged in driving of the vehicle and complying with the signal signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of driving of the victim D(28 years old) who stops in accordance with the vehicle stop signal at the front section of the said SM5 car after driving Eben C200.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, sustained the victim F (the 30 years of age), who is the passenger of the victim D and the passenger of the said benz, by causing about two weeks of medical treatment to the victim F (the 30 years of age), respectively.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of the same Article, the Defendant driven BM5 vehicle while under the influence of alcohol concentration of approximately 0.101% from the front of Seongdong-gu Seoul to the front of Seongdong-gu Seoul Metropolitan Road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The application of each medical certificate, a survey report on the actual condition of a video CD CD, a report on the detection of a drinking driver, a report on the circumstantial statement of a drinking driver, an investigation report, a record of measurement of drinking, and a report on the results of the control of drinking driving under Acts and subordinate statutes;

1. Article 5-11(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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