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(영문) 서울중앙지방법원 2019.07.03 2019고단2729
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

1. The Defendant is a person who is engaged in driving a motor vehicle BAD A4.

On March 28, 2019, at around 19:08, the Defendant, while driving a car A4 in a state where it is difficult to drive normally due to drinking due to the influence of alcohol while under the influence of alcohol, was changed to three lanes while driving in a two-lane on the high speed terminal station No. 4-lane in Seoul Seocho-gu according to the distribution of Seocho-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to inform a direction-setting direction, etc. in advance and to change a lane safely by safely considering the traffic conditions of the front and rear left, only when there is no possibility of obstructing the passage of other vehicles.

Nevertheless, the Defendant, by negligence, neglected to do so under the influence of alcohol, received the part on the left side of the victim C(WWz E300, 41 years old) driving at the right side of the car driven by the said Defendant at the later side of the three-lane.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of alcohol, sustained the injury of the pertinent victim by driving the car in a state where it is necessary to give two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) at the time from Yongsan-gu Seoul Metropolitan Government Office to the scene of an accident, the Defendant driven B UAD A4 without obtaining a driver’s license under the influence of alcohol at approximately 0.239% of alcohol level from the 5km section of Yongsan-gu Seoul Metropolitan Government to the scene of an accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report and a report on detection of a drinking driver;

1. Blucs, black images and photographs (ROMs) 1.

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