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(영문) 서울서부지방법원 2020.08.13 2019고단4184
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 became 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 passenger car in B.

On November 9, 2019, at around 00:39, the Defendant driven the said car while under the influence of alcohol of 0.132%, and led the front side of Mapo-gu Seoul to drive the said car at a speed that cannot be seen from the new village to the red zone.

At the time, there are nights and places of people, so in such a case, there was a duty of care to operate safely by accurately manipulating the steering direction and operating the steering system while living well on the right and the right of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim D (the age of 24) who was walking along the new village from the right edge of the mad red zone to the new village due to the negligent negligence.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injuries, such as the pertinent confection, sprinking and salting, which require two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B in the state of drunk alcohol concentration of about 50 meters from the 50-meter section to the place where the address below Seoul Mapo-gu E is unknown at the time specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (Report on the status of an employee);

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-11 (former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), the former part of Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the crime

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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