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(영문) 서울남부지방법원 2020.05.26 2019고단6618
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On November 5, 2019, the Defendant, who is engaged in driving of BF car, driven the said car under the influence of alcohol level of 0.150% on November 23:52, 2019, and driven the said car at a four-lane level in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, at the entrance entrance of the high-priced road, at the south of the BF, and did not keep the front door well, due to occupational negligence, and was driven by the victim D(27 years old) who was temporarily stopped at the front of the BF car, and got the back part of the CF (45 years old) driving of the said car at the front of the CF or the back of the CF (45 years old).

In the end, the Defendant driven the above van while making it difficult to drive the vehicle normally due to influence of drinking, such as a little sthythm, with a little string and red, and suffered from the injury of the victim of the said accident, such as the troke, tension, etc. in need of treatment for about two weeks for the said accident, the victim He (the 27 years old) who is the passenger of the nose or the car, for about two weeks of treatment, such as the etroke and tension in need of treatment for about two weeks, the erosium and tension, the erosium and tension, etc. in need of treatment for about two weeks to the victim F, the victim I (the eros in need of treatment for about 10 days.) who is the passenger of the rocketing taxi in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual survey report, the report on the occurrence of a traffic accident, and the statement on the occurrence of a traffic accident (F, H, D, I);

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The application of the Act and subordinate statutes to a medical certificate (F, H, D, I), investigation report (a written estimate and a medical certificate);

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a danger driving) and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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