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(영문) 서울북부지방법원 2019.07.25 2019고단1550
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B B B B B B B car.

1. On March 30, 2019, the Defendant driven the said vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.181% at the 5km section from around the 5km road in Dongdaemun-gu, Seoul, Nowon-gu, Seoul, up to the roads of Dongdaemun-gu, Seoul, up to March 30, 2019.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the said vehicle while normal driving is difficult due to the influence of alcohol that reaches 0.181% of the blood alcohol level at the time set forth in the preceding paragraph, and was driven by one-lane between two-lanes in the direction of the intersection in the direction of the intersection in front of Dongdaemun-gu Seoul Metropolitan Government.

At that time, since the road was cut down at night and down, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle even if the vehicle stops suddenly, by accurately manipulating the front door and maintaining the safety distance with the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and proceeded as it is, and the part behind the E-si driven by the victim D (the age of 64) in the front line of the said passenger car was driven by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the injury of the victim, such as light salt, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. A traffic accident report, a report on the circumstances of a drinking driver, a report on detection of a drinking driver, etc.;

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, concerning the relevant criminal facts and the choice of punishment.

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