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(영문) 서울남부지방법원 2019.10.17 2019고단4821
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 07:30 on August 11, 2019, the Defendant driven a vehicle with low alcohol level of 0.137% while under the influence of alcohol in the section of approximately 30 meters in front of the Gangseo-gu Seoul Metropolitan Government B, and the Defendant driven a vehicle with low alcohol level of 0.137%.

2. On August 11, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a motor vehicle with low alcohol level 0.137% under the influence of alcohol level on the roads in front of Gangseo-gu Seoul Metropolitan Government, and driving a motor vehicle in front of Gangseo-gu Seoul Metropolitan Government along the two-lanes between the Seoul Plant Protection Area and the Seoul Plant Protection Area.

At the front of the vehicle, there was a duty of care to prevent accidents by properly manipulating the brake system to the person engaged in driving of the vehicle, because the vehicle is in progress different from the signal apparatus for the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not properly display the signal of the front bank and other vehicles, and did not properly operate the operation of the operation system in the front section of the Frane car driven by the victim E(the age of 36) who stops in accordance with the new subparagraph in the front section of the vehicle of the Defendant.

Ultimately, the Defendant driven a low-speed car in a state where normal driving is difficult due to influence of drinking, and sustained injury such as salt, tension, etc. to the injured party G (35 years old) who was on the top of the operation of the car driven by the injured party E for about two weeks, and sustained injury such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (E);

1. The actual survey report and each diagnosis report;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Commercial concurrence;

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