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(영문) 서울북부지방법원 2020.04.09 2019고단4872
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

1. Around 00:20 on October 12, 2019, the Defendant was under the influence of alcohol level of 0.234% at around 00:20, the Defendant driven DK5 cars from the front side of Seongbuk-gu Seoul to the front side of Seongbuk-gu Seoul.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes.

On October 12, 2019, at around 00:20, the Defendant driven the said car under the influence of alcohol as described in paragraph (1), with inaccurate, secret, red, etc., while making it difficult for the Defendant to drive the vehicle normally, and the front distance of Seongbuk-gu Seoul to drive the vehicle at a speed of about 50km per hour from the right side of Seongbuk-gu to the Bomundong community service center at the speed of about 50km.

At night and there is a stop sign, so in such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle, and the driver of the motor vehicle has the duty of care to prevent the accident in advance by safely driving the motor vehicle in accordance with the direction sign and the prior direction mark.

Nevertheless, the Defendant was under the influence of alcohol and neglected to do so, and the part on the right side of G rocketing car driven by the victim F.(the age of 48) who was under the right right side from the left side of the marina course direction by the Defendant’s negligence, and was under the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant was negligent in neglecting his duty of care as a driver of a motor vehicle while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in an injury to the victim, such as light dump for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A traffic accident report (2);

1. F’s statement on the occurrence of traffic accidents;

1. A photograph of an accident vehicle (K5 rocketing);

1. A medical certificate;

1. The application of Acts and subordinate statutes to requests for appraisal of the blood alcohol concentration and the blood alcohol appraisal report;

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