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(영문) 서울서부지방법원 2020.11.17 2020고단3042
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 engaged in driving B K7 automobiles.

On June 24, 2020, the Defendant driven the said car under the influence of alcohol level of 0.187% on blood alcohol level around 20:21, and led the Defendant to proceed along the two-lane near the Han River basin in the Han River basin in Yongsan-gu, Seoul, Yongsan-gu, Seoul, along with the two-lanes of the road.

At the time, since the night and the transition of the night, the driver of the motor vehicle has a duty of care to reduce the speed to those engaged in driving the motor vehicle and to properly manipulate the steering direction and brakes, thereby preventing the accident in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system while stopping the vehicle due to the failure of the Defendant to stop in front of the direction of the Defendant’s operation, and led the victim C(IS 44 years old) driving, and led the Defendant to look back on the part of the Defendant’s driver in front of the car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C, such as the conjecture, pelvis, and other tensions and tensions that need to be treated for about two weeks, and the victim E (the 53-year old-age-old age-old) who was the fluore, suffered from the injury of the fluor’s salt, tension, etc.

2. The Defendant was driving a B K7 vehicle under the influence of alcohol level of 0.187% at the time and place specified in Paragraph 1, as stated in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Statement of the occurrence of E traffic accident;

1. The actual survey report and the report on the occurrence of any traffic accident;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The punishment of specific crimes provided for in each of the relevant laws regarding criminal facts is aggravated.

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