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(영문) 서울남부지방법원 2020.06.02 2019고단6196
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

The defendant is a person who is engaged in the duty of driving the tea B.

1. On November 1, 2019, the Defendant violated the Road Traffic Act (driving) driving the said van at approximately 3km section from the D Geumcheon store near Geumcheon-gu Seoul Metropolitan Government to the front road in Geumcheon-gu, Seoul, while under the influence of alcohol by 0.226% of alcohol concentration on blood around 23:56, Nov. 1, 2019.

2. On November 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above marcing vehicle while under the influence of alcohol, and led the roads of five lanes in front of Geumcheon-gu Seoul Metropolitan Government to the turbing surface of the water zone from the long distance of vision to the turbing surface of the water zone in Geumcheon-gu.

At the time, it is night and at the same time, the signal lights are installed, so in such a case, there was a duty of care to reduce the speed to the person engaged in the driving of the motor vehicle and to properly manipulate the operation and steering gear while to prevent accidents in advance.

그럼에도 피고인은 이를 게을리 한 채 위와 같이 술에 취해 얼굴이 벌겋게 달아오르고, 보행상태가 비틀거리는 등 음주의 영향으로 정상적인 운전이 곤란한 상태에서 위 승합차를 운전하다가 때마침 진행방향 전방에서 정지신호에 따라 정차 중이던 피해자 F(남, 40세) 운전의 G 도요타 승용차의 뒷범퍼 부분을 위 승합차의 앞범퍼 부분으로 들이받았다.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F in detail, such as protruding signboards that require treatment for about one week on the part of the victim F, and suffered injury to the victim H (ma, 39 years old), who is the passenger of the said car, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. A traffic accident report (1)(2) and a written statement of the circumstances of the drinking driver;

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