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(영문) 서울남부지방법원 2020.11.26 2020고단3246
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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. On June 5, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person who is engaged in driving a Brane car, driving the said car under the influence of alcohol concentration of 0.242% in front of Gangseo-gu Seoul Metropolitan Government, while driving the said car under the influence of alcohol concentration of 0.15% in the middle of Gangseo-gu Seoul Metropolitan Government, and driving it along two-lanes from the eromatic basin.

In this case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by properly sprinkling the steering well and properly manipulating the steering and brakes according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant did not see the victim D (Nam, 30 years old)'s EA6 car, which was in the atmosphere of the signal at the front bank due to negligence that did not operate the brake system properly, and received the damaged vehicle due to the franchise.

Ultimately, the Defendant, while driving the said car in a state where normal driving is difficult due to influence of drinking, suffered injury such as salt, tension, etc. to the said D in need of approximately two weeks of medical treatment, injury to the victim F (ma, 36 years of age) of the said passenger, such as salt, tension, etc. in need of medical treatment for about two weeks, and injury to the victim G (ma, 29 years of age) of the said passenger in need of medical treatment for about two weeks.

2. On June 5, 2020, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.242% from the section of about 300 meters from the front of the road adjacent to the Gangseo-gu Seoul Metropolitan Government Street to the road in the same Gangseo-ro 19-ro 21 eropic tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, the report on the occurrence of traffic accidents, and the written statement (D, F, G);

1. The circumstantial statement, investigation report (the circumstantial report of the host driver), and the master driver.

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