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(영문) 서울서부지방법원 2020.02.06 2019고단3742
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] The defendant is a person who received a summary order of a fine of one million won from the Seoul Western District Court on March 13, 2009 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving BCA10 Obama in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On September 30, 2019, the Defendant driven the above Otoba while under the influence of alcohol 0.145% of blood alcohol level around 06:20 on September 30, 2019, and directed D front roads located in Mapo-gu Seoul Metropolitan Government Mapo-gu C in the direction of E elementary school from the direction of the new hydroba distance.

In such cases, there was a duty of care to accurately operate the steering direction and brake system by properly examining the front and rear left of the person engaged in the Otoba driving.

Nevertheless, the Defendant, under the influence of alcohol, found the victim F. (the age of 82) who was crossing the road without permission due to negligence that could not properly look at the front of the road, and went beyond the victim due to the front part of the river.

As a result, the Defendant, while under the influence of alcohol, driven the above Oral brea while it is difficult for him to drive normally, received approximately three weeks of treatment from the victim, such as the right breadbing.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant on the roads located in Mapo-gu Seoul Metropolitan Government G at the same time and on the roads located in Mapo-gu Seoul Metropolitan Government, with approximately 300 meters section of blood alcohol level of about 0.145% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Collection of blood as a result of the control of drinking driving;

1. A medical certificate;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to the Crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.

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