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(영문) 서울북부지방법원 2020.04.09 2019고단4534
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

Punishment of the crime

1. Around September 17, 2019, the Defendant was driving a rocketing vehicle under the influence of alcohol by 0.215% from the 2km section from the road located in Gangnam-gu Seoul Metropolitan Government B to the front road of the same Gu, around September 17, 2019.

2. A person who is engaged in driving a vehicle referred to in paragraph (1) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 4, 2019, at around 17:08, the Defendant proceeded on a two-lane road in front of the Seoul Southernbuk-gu Seoul Metropolitan Government, as described in the preceding paragraph, at approximately 40-50km each hour in the direction of the mine shooting distance from the direction of the Gangseo-gu Office Building distance, while under the influence of alcohol as described in the preceding paragraph.

At the time, the vehicle was driven slowly due to the well-being of the body, so in such a case, the driver of the vehicle had a duty of care to timely operate and drive the brakes by making the front door well.

Nevertheless, due to the negligence of not operating the brakes in a timely manner under the influence of alcohol, the Defendant received a part of the front part of the vehicle of the Defendant, which was operated by the Victim F, which was driven in the front direction of the Defendant’s vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition of traffic accidents;

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, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury, and the choice

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

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