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(영문) 서울북부지방법원 2020.01.09 2019고단4356
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The Defendant is a person who is engaged in the operation of the Grandroth in B.S.

On August 28, 2019, at around 08:30, the Defendant driven the above van while under the influence of alcohol with 0.218% alcohol level, and led the front side road of the Seoul Western-gu to proceed in the same direction as D.

At this point, since the width of the road is a narrow round road, there was a duty of care to prevent accidents by accurately operating the steering gear and brake system while keeping the front and rear left well for the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a car in a state of difficulty due to the influence of alcohol such as steering in the driver’s seat while driving, and was placed on the front part of the Defendant’s driving of the FJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Accordingly, the Defendant, under the influence of alcohol, was unable to drive normally, and the Defendant was driving the Grandroth car and suffered from the injury of the Defendant, such as light salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports and investigation reports (finding reports on the conditions of the driver), and criminal investigation reports (finding distances from driving sections of the suspect);

1. Investigation report on actual condition, report on the circumstantial statement of a drinking driver, and inquiry into the control of drinking driving;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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