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(영문) 서울중앙지방법원 2019.06.21 2019고단2266
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a horse at the end;

On March 21, 2019, the Defendant driven the said car while under the influence of alcohol 0.214% of blood alcohol concentration around 02:20 on March 21, 2019, and driven the said car toward the distance of active duty service at the intersection of the Tslurian distance, depending on D's Ediburian car driving the three-lane road near Gangnam-gu Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the movement of the motor vehicle in preparation for the suspension of the motor vehicle prior to driving or the reduction of speed, and to ensure a sufficient safety distance in advance to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant did not find out the suspension of the said DNA car in accordance with the new code while neglecting this, and did not proceed as it was, the Defendant received the back portion of the said DNA car as the front part of the car.

As a result, the Defendant, while driving the said car under the influence of alcohol which is difficult to drive normally, suffered around two weeks from the victim FF (the age of 40) who was on board the said car to receive approximately two-day medical treatment, and the victim G (the age of 40) from the base base for the alcohol for approximately two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the horse b, while under the influence of alcohol of about 0.214% in a section of about 600 meters from the road where it is impossible to know whether the Gangnam-gu Seoul Metropolitan Government Maternal Consent is located in the temporary border as described in paragraph (1) of this Article to the roads near Gangnam-gu Seoul Metropolitan Government C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident of D, F, G, or H;

1. The actual traffic accident investigation report and the circumstantial statement of the driver;

1. The application of the F, G laws and regulations 1.

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