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(영문) 서울중앙지방법원 2020.10.12 2020고단4117
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

The defendant is a person engaged in the operation of BMW car.

On May 14, 2020, the Defendant driven the said car under the influence of alcohol level of 0.12% on blood alcohol level on May 14, 2020, and continued to turn to the left two-lanes between the five-lanes of the 5-lanes from the 613 (Failwon-dong), as Seoul Seocho-gu, Seoul, to the 613 (Fariwon-dong), the new station distance located in the Hannam-gu, Seoul.

The Defendant, by the negligence of making a left turn on a straight-line signal without looking at the front line, caused the injury to the injured party C (ma, 31 years old), who was in front of the left part of the said BMW car, on the opposite vehicle line, to the front part of the said BMW car, and to the Fol-si of the injured party E (ma, 61 years old) who was in front of the said BM car, who was in front of the said BM car, on the opposite vehicle line, was forced the injured party E (ma, 61 years old) to rapidly stop in order to avoid the said BM car, and thereby, caused the injured party C to undergo approximately 2 weeks medical treatment for about 4 weeks, such as catum and tension and tension for which treatment is required for about 4 weeks, and the injury to the injured party E, as well as the injury to the affected party G and the tension for about 36 years old passenger and the tension for about 2 week medical treatment.

Accordingly, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the injury of the victims, and violated the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C, E, and G;

1. A traffic accident report (1) (1)

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports;

1. The former part of Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a dangerous driving, such as a motor vehicle) as to the crime under the corresponding Act, and Article 148-2(3)2 of the Road Traffic Act.

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