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(영문) 서울동부지방법원 2019.11.22 2019고단3204
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The defendant is a person engaged in driving a motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

At around 14:00 on August 15, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.153%, and led to a road set back in front of Songpa-gu Seoul to a white village from the west-gu Seoul.

In this case, the driver of the vehicle has a duty of care to live well in the front, maintain the safety distance from the front, and prevent the accident by driving the vehicle in advance.

Nevertheless, the defendant neglected this and proceeded without maintaining a safe distance from the previous vehicle in a situation where normal driving is difficult due to influence of drinking, and is proceeding ahead of it.

On the other hand, the part of the defendant's left side of the vehicle and the back part of the victim's right side of the vehicle was shocked due to the negligence that the victim's D (W, 50 years old) who stopped at the time of locking the vehicle.

Ultimately, the Defendant suffered injury to the victim D by the above occupational negligence, including approximately three weeks of injury to the victim F, a victim F, who was accompanied by the said passenger car, for about two weeks of medical treatment.

2. On December 6, 2010, the Defendant is sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court's support on December 6, 2010.

On August 15, 2019, around 12:30 on August 15, 2019, the Defendant driven a BN-si car with a blood alcohol concentration of about 1.6 km from H department stores located in Songpa-gu Seoul to around 14:00 on the same day, and from around 14:60 on the same day to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident described in D and F 1.

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