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(영문) 서울남부지방법원 2019.03.26 2019고단238
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 17:00 on October 18, 2018, the Defendant driven a NY125-wheeled vehicle at a section of approximately 2 km to the front of the road in front of the mutual infinte text, located in Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcohol by 0.142% of the blood alcohol concentration.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by a two-laned vehicle under the influence of alcohol concentration of 0.142% at the time indicated in the above paragraph (1) and led to a two-lane road in front of Gwanak-gu in Seoul Special Metropolitan City to a two-laned road from the surface of the Guro Digital Group from the surface of the new disease control room to a two-laned road.

Although the Defendant was unable to drive normally due to drinking, such as a very red stalm, and the stalm is very big, while driving the said two-wheeled vehicle in a situation where it is difficult to drive normally due to drinking, the Defendant was in violation of the signal while driving the said two-wheeled vehicle with a stop signal, and it was found that the victim E (W, 62 years old) who was crossing the intersection from the right side of the direction of the course to the left side of the mast, was delayed and operated, but the part on the left side of the victim was not faced with the wheels of the said two-wheeled vehicle.

As a result, the Defendant driven a two-wheeled vehicle in a situation where normal driving is difficult due to influence of alcohol, and the Defendant suffered injury, such as the cutting of a breath to the right edge, which requires medical treatment for ten weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident occurrence status prepared by E;

1. A fact-finding survey report, a fact-finding statement of a master driver, and a report on detection of a master driver;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving)

1. Selection of each sentence of imprisonment;

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