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(영문) 서울남부지방법원 2019.07.18 2019고단2406
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was a person engaged in driving a Bursom car. On April 21, 2019, the Defendant: (a) divided into the blood alcohol concentration of 00:167% from the blood alcohol level around 00:10 on April 21, 2019; (b) the walking condition is very big and the blood color is red and snow is not able to drive normally due to the influence of drinking, such as drinking, but (c) the Defendant driven the said car and driven the road front the Geumcheon-gu Seoul Metropolitan Government building into two-lanes in the direction of additional station from the German basin.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately manipulate the steering direction and brakes of the motor vehicle and prevent the accident due to smoke, while neglecting the duty of care, and driving the motor vehicle on three-lanes of the victim D(45 years old) driving in the same direction, which conflict with the part on the right side side of the motor vehicle of the victim D(5 years old) driving in the same direction with the front side of the motor vehicle of the victim's 20 meters, while driving the motor vehicle on the front side, and driving the part of GK5 vehicle of the victim F.F.(52 years old) driving while stopping on the front side.

As a result, the Defendant suffered, by negligence, the injury to the above victim D, such as the climatic and tensions requiring a stability for about two weeks, and the injury to the victim F, such as the climatic and tensions requiring a medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said B-car from the front of the Geumcheon-gu Seoul H building to the site of the accident described in the above paragraph (1), while under the influence of alcohol 0.167% of the blood alcohol level at the time and time specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of each traffic accident in D or F;

1. A fact-finding survey report, a fact-finding statement of a master driver, and a report on detection of a master driver;

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

1. Criminal facts;

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