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(영문) 서울남부지방법원 2021.01.21 2020고단4464
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 14, 2020, the Defendant, who is engaged in driving of BKaN car, was under the influence of alcohol leveling 0.173% while driving the above vehicle around July 23:25, 2020 and parked the parking lot on the ground of Guro-gu Seoul Metropolitan Government Building C with a view to driving the vehicle as a person driving the BKaN car.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle with the former, rear, and left and right.

Nevertheless, the Defendant, while under the influence of alcohol to the extent that he is able to drive a car normally due to the lack of normal driving due to the negligence of the Defendant, was faced with the victim D ( South, 73 years old) who was parked in the rear part of the said vehicle due to the negligence behind the vehicle, and the victim who opened a door to the left part of the vehicle in front of the PoterⅡ, which is owned by the victim D ( South, 73 years old) and was parked in the rear part.

Ultimately, the Defendant, as seen above, driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered approximately two weeks of treatment to the victim.

2. The Defendant was driving a car under the influence of alcohol level of about 0.173% in a section of about 50 meters from the second floor parking lot of the above building at the time of the same day as paragraph (1) to the ground parking lot of the same building.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (1) (1) a traffic accident report, a traffic accident report, a traffic accident report (2) (2) a traffic accident report, a written statement on the occurrence of a traffic accident, a field photograph of the damaged vehicle, photographs of the victimized vehicle, photograph of the suspect driver's vehicle, and a internal report (CCTV verification);

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. A report on internal investigation (a medical certificate and a quotation), and a medical certificate;

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