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(영문) 서울동부지방법원 2019.09.23 2019고단2331
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 engaged in driving a vehicle B high-speed.

On May 11, 2019, the Defendant was under the influence of alcohol of 0.124% of blood alcohol concentration at around 03:00, and the Defendant continued one lane of the two-lanes between the two-lanes in the vicinity of the ridge, a sampling park located in Gangdong-gu Seoul Metropolitan Government, G, with the high speed from D room to the high speed.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by driving a motor vehicle with a duty of care by driving a motor vehicle on the front side and right side and safely operating a steering wheel and brake system, etc.

Nevertheless, the Defendant neglected to take the front direction in the situation where the Defendant was in an incorrect, unsatisfy, and the walked to the extent that the Defendant was unable to properly hold the body, and neglected to take part of the Fe-mati cargo vehicle driven by the victim E (the age of 55) who was waiting in the front direction in the front direction of the vehicle of the Defendant, and suffered an injury, such as erode, tensions and tensions, which require approximately two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On the date and time set forth in the preceding paragraph, the Defendant driven the said low-speed car at approximately 5 km while under the influence of alcohol concentration of 0.124% from the road near the roadside of Gangdong-gu Seoul Metropolitan Government to the front of the same Gu C at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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