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(영문) 서울서부지방법원 2020.06.16 2020고단896
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a MINI Cooper S car;

On February 17, 2020, the Defendant driven the said car while under the influence of alcohol 0.173% of blood alcohol level around 04:20, and led the road near Yongsan-gu Seoul Metropolitan Government to proceed to the triangular region from the side of the Pacific Station.

At the time, there was a new wall to get off, and there was an intersection where a signal, etc. is installed, so the driver of the motor vehicle has the duty of care to prevent the accident by safely driving the motor vehicle according to the traffic signal in advance.

Nevertheless, under the influence of alcohol, the Defendant was unable to see the traffic signal while entering the intersection with a stop signal and received the right part of the victim D (ma, 68 years old)'s E-Poter Cargo Vehicle, which was driven to the financial management body from the direction of the financial management body in accordance with the traffic signal by the negligence of entering the stop signal, in front of the said vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as light salt, which requires treatment for about two weeks.

2. Around 04:20 on February 17, 2020, the Defendant driven a B MINI Cooper S car at a section of approximately 2.5 km from the road near the Egai Station located in Yongsan-gu, Yongsan-gu, Seoul, Taewon-ro, Seoul, to the same Gu C intersection, while under the influence of alcohol of 0.173% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver;

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

1. Application of Chapter 1 of the Act and subordinate statutes to black boxes and video CDs

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime

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