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(영문) 서울중앙지방법원 2020.11.26 2020고단6237
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

The Defendant is a person who is engaged in driving a NBC110-wheeled vehicle B.

1. Around 16:05 on July 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above-wheeled vehicle under the influence of alcohol content of approximately 0.155%, and driven the road near Gangnam-gu Seoul Metropolitan City at a speed that would not be known to the sneke station shooting distance from the snevis hotel shooting distance.

The accident place is where signal lights and crosswalks are installed, so in such a case, there was a duty of care to reduce speed to drivers, to live well on the right and the right, and to prevent accidents in advance by driving safely in accordance with the signals instructed by signal lights.

Nevertheless, the Defendant neglected this and did not live well in front, and proceeded with the signal lights while being red, and reported green pedestrian signal to the victim D (the age of 34) crossing the road along the crosswalk by driving the electric kickboard, and received the victim D (the age of 34) as the Defendant’s two-wheeled vehicle.

As a result, the Defendant driven the above-wheeled vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as the climatic salt, tension, etc. for about two weeks in need of medical treatment.

2. Around 16:05 on July 14, 2020, the Defendant driven a two-wheeled vehicle with approximately 600 meters alcohol concentration at approximately 0.15% while under the influence of alcohol at approximately 0.15% from the section of approximately 600 meters from the roads near Gangnam-gu Seoul E-gu Seoul to the roads near Gangnam-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the actual condition survey report, investigation report (report on the circumstances of a drinking driver), and the control results of drinking driving;

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

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the Road Traffic Act

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