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(영문) 서울남부지방법원 2019.06.20 2019고단1803
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On March 26, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.142% on March 23:27, 2019, the Defendant driven a D Sti-type car from the Gangseo-gu Seoul Parking Lot to approximately 2 km from the Seoul Gangseo-gu Parking Area to the front road of Gangseo-gu Seoul Metropolitan City.

2. On March 26, 2019, the Defendant was a person engaged in driving a car in a D SP area (the injury caused by dangerous driving) and was driving a car in the said SP area on March 26, 2019, thereby driving the car in front of Gangseo-gu Seoul Metropolitan Government with the driving of a car in the said SP area into the Yangcheon Station located in the Fire Prevention Station.

At the time, there was a night and there was an intersection where signal apparatus is installed at the front door, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the steering wheel well and by operating the steering gear, brake system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care, was driven by the victim E (the 39-year-old) who stops in the signal atmosphere due to the negligence that did not accurately operate the brake system, and was driven by the victim F (the 34-year-old, the 34-year-old) while driving in the signal atmosphere at the same time, and received the rear part of the G Track Motor Vehicle that the victim F (the 34-year-old, the ice Motor Vehicle) was on the front part of the ice Motor Vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victims, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in E and F preparation;

1. A fact-finding report, a report on detection of a host driver, and a black and video CD;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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