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(영문) 서울중앙지방법원 2019.03.19 2019고단433
특정범죄가중처벌등에관한법률위반(위험운전치상)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 engaging in driving a B Abea car

On January 5, 2019, at around 01:50, the Defendant driven the said car while under the influence of alcohol with 0.229% of alcohol concentration 0.29%, and tried to make an internship while driving it on the three-lane road in front of Gwanak-gu in Seoul Special Metropolitan City, according to the three-lane road in front of Gwanak-gu in Seoul Special Metropolitan City.

In cases where it is apprehended to impede the normal flow of traffic of other vehicles, the driver of any motor vehicle has a duty of care to make any driver of any other motor vehicle prohibited from making any internship

Nevertheless, the Defendant, while under the influence of alcohol, failed to find the Estyna taxi driven by the injured party D (the age of 65) who was driving in the same direction, without neglecting his/her duty, and received the back wheels of the said taxi as the front part of the said car driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment, and injury to the victim F (28 years of age) who is a taxi passenger, for approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said Abeo car under the influence of alcohol with a blood alcohol concentration of 0.229% at the ten-meter section of the road located in Gwanak-gu in Seoul Special Metropolitan City at a temporary border under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, reports on the state of drinking drivers' standing and statement, and investigation reports (report on the state of drinking drivers);

1. A written opinion and a medical certificate;

1. Application of Acts and subordinate statutes to each photograph (No. 9,10) (Evidence List No. 9);

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.

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