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(영문) 서울북부지방법원 2019.10.24 2019고단81
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving motor vehicles B.

On December 20, 2018, at around 01:01, the Defendant driven the said car in a state of difficulty in normal driving due to the influence of alcohol, such as that the walk is a remote distance and the state of the development of the car is not correct, and the Defendant was driving three lanes in front of the Seoul Northern-gu Seoul Metropolitan Government C, along the two-lane distance from the “forest in the Seoul Northern-gu,” one-lane.

At the place where a yellow median line is installed, there was a duty of care for a person engaged in driving the motor vehicle to pass the right side of the center line of the road.

Nevertheless, the Defendant neglected to do so and entered the center line to the opposite line. The Defendant was negligent in driving the victim D(S, 41 years old) who was driving normally at the opposite line of the said vehicle, and received the full part of the E SP car as the right side part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to such occupational negligence.

2. Around 01:01 on December 20, 201, the Defendant, while under the influence of alcohol at a 0.101% of alcohol level, driven a vehicle of approximately 50 U.S. S. S. S. S. S. Dobong-ro, Seoul Northern-gu, and from approximately 1km to the roads in front of Seoul Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. Investigation report (report on the circumstances of an immigration driver) and report on detection of an immigration driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and Article 148-2(2)2 of the same Act.

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