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(영문) 서울서부지방법원 2019.10.17 2019고단2739
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. The defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 25, 2019, the Defendant driven the said car under the influence of alcohol with 0.120% of alcohol concentration on blood around 04:03, and proceeds in line with five-lanes of five-lanes from the red bank in Mapo-gu Seoul Metropolitan Government to the epologic bank.

The course has been changed into four lanes.

At night and in such cases, a person engaged in driving of a motor vehicle has a duty of care to make a change of course by operating a direction direction, etc. in advance and to make a change in the vehicle line as well as the situation of traffic before and after the direction.

Nevertheless, the Defendant neglected this due to influence of drinking and changed the course of it as it was, and instead the Defendant took the front door of the victim C(the 49-year-old driver) driving the victim C(the 49-year-old driver) driving on the fourth-lane, and received the front door of the above flicking car as the left-hand flicker and the left-hand side.

As a result, the Defendant suffered injury to the victim C, such as scopical salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the 27 years old) who is the passenger of the damaged vehicle for about two weeks.

2. 도로교통법위반(음주운전) 피고인은 제1항 기재 일시경 서울 서초구 뱅뱅사거리 부근 도로에서부터 서울 마포구 F 앞 도로까지 약 17km의 구간을 혈중알콜농도 0.120%의 술에 취한 상태에서 B 모닝 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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