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(영문) 서울동부지방법원 2019.08.22 2019고단2076
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 BM5 automobiles;

On April 24, 2019, the Defendant driven the above car at around 01:50, while driving the two-lane road in front of Gwangjin-gu Seoul Special Metropolitan City, along two-lanes from the center line to the center distance.

At night, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as maintaining a clean mind for those engaged in driving business, reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and was driven by the victim D(the age of 58) who was in the atmosphere of the signal while under the influence of alcohol with 0.157% of alcohol concentration in blood alcohol, and received the part of the Defendant’s vehicle behind the Eina car, which was driven by the victim D(the age of 58).

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the Defendant’s base and tension, which requires two-day medical treatment.

2. Violation of the Road Traffic Act (MM5) The Defendant driven a BM5 vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.157% from the 1km section from the F-ro in Gwangjin-gu in Seoul to the 01:50 day on the same day from the F-ro in Seoul Special Metropolitan City to the front road in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. An actual condition survey report, a traffic accident situation statement, a report on detection of a drinking driver, and a report on the actual status of a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the former Road Act (Amended by Act No. 16037, Dec. 24, 2018);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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