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(영문) 서울중앙지방법원 2020.02.05 2019고단7255
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. 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 BFD car.

On June 22, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.140% around 03:40% and driven the said car along the five-lane road of 322-lane in Gangnam-gu Seoul, Seoul. The Defendant driven the said car according to three-lanes from the surface of the Jinari Apartment apartment street room of Gangnam-gu, Seoul.

At night, as a person engaged in driving service was at night, there was a duty of care to prevent accidents by properly manipulating steering devices, brakes, etc.

Nevertheless, the Defendant neglected this and led the victim C (Nam, 54 years old) who stops in the same way as the Defendant's vehicle in order to cross the traffic signal at the same direction as the Defendant's vehicle due to the negligence that he or she is unable to drive in a state where the face is red and horse with the influence of drinking, and the walk is difficult to drive normally to the extent that he or she is string, and led the victim C (Nam, 54 years old) to the rear end of the driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a BF car under the influence of alcohol with a blood alcohol concentration of 0.140% at the time and place specified in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The actual condition survey report;

1. Drinking, recording and printing of alcohol;

1. According to the victim’s statement and written diagnosis, the victim’s diagnosis was diagnosed on June 22, 2019 by visiting E located in Jung-gu, Seoul Special Metropolitan City where the taxi company was located on June 24, 2019, and received physical treatment from around that time.

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