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(영문) 서울동부지방법원 2020.05.13 2020고단386
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the business of driving Bsch Rexton vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 21, 2019, the Defendant driven the said vehicle under the influence of alcohol level of 00:10% on the alcohol level of 0.292% on December 21, 201, while driving the said vehicle, and driving the new road in the new road of the members of Ansan-si, Ansan-si, one-lane of the two-lanes in the front direction of the two-lane from the chill distance of the Seosan International Telecommunication.

At that time, there are nights and the center line of yellow-ray, so in such a case, the person engaged in the automobile driving duty has a duty of care to safely operate the car line with the view of the front line.

Nevertheless, the defendant's negligence of driving while neglecting alcohol, caused the damage to the left-hand side of the victim C(50 years old)'s driving, which was normally straighted in the opposite lane, to be the front part of the driver's car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and sustained injury to the victim C, such as salt ties, tensions, etc. in need of a medical treatment for about three weeks, and suffered injury to the victim E (the victim E (the person aged 40) and F (the person aged 38) in need of medical treatment for each two weeks.

2. On December 21, 2019, the Defendant was under the influence of 00:10% of the blood alcohol concentration of 0.292%, and the Defendant was driving the said Grandton car from approximately 2 km to the new road in the same old-speed road in the Dong-gu Seoul Metropolitan Government, Ansan-si, in the influence of alcohol level 0.29%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1), (2);

1. Inquiry the results of the drinking driving control;

1. Images of victim vehicles;

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

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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