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(영문) 서울중앙지방법원 2019.11.28 2019고단5952
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who is engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 1, 2019, the Defendant driven the above vehicle at around 06:50 on June 1, 2019, and continued the road front of the friwon 210, Dongjak-gu, Seoul, Seoul, to the moving-out of the friwon Haak-gu in black-gu.

A person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, when the Defendant was negligent in neglecting the duty of Jeonju City due to negligence, the part of the back part of the D Sti-type car driven by the victim C (M, 36 years old) who was in the atmosphere of the same lane as the Defendant’s vehicle was driven by the Defendant’s vehicle in front of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment by the aforementioned negligence.

As a result, the Defendant driven the Poter vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victim.

2. On June 1, 2019, the Defendant driven B Poter vehicle under the influence of alcohol with approximately KRW 18k alcohol concentration of 0.112% from the section of about 18km in Seoul, Dongjak-gu to the road in front of 210, at a place where it is not possible to know the place below the 06:50 Sinung-si, Sinung-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1.2);

1. A written statement of the victim;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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