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(영문) 서울동부지방법원 2021.02.05 2020고단3654

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

On January 19, 2012, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act by the Seoul Central District Court.

Criminal facts

1. Around September 16, 2020, the Defendant violated the Road Traffic Act (drinking) driving CK5 cars under the influence of alcohol with approximately 500 meters alcohol concentration 0.212% from the road near the Dong-gu Seoul Special Metropolitan City, to the front road of the same Gu B.

2. The Defendant is a person who is engaged in driving CK5 cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 16, 2020, the Defendant driven the said car under the influence of alcohol content of 0.212% during blood transfusion around 21:55, while driving the said car, and proceeded straight along the first line in the direction of the Gu's shooting distance from the long distance protection area in front of Gwangjin-gu Seoul Special Metropolitan City.

At the time, there was an intersection where signal lights are installed at night, and in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and brake system to the driver of the motor vehicle and operating the steering system in a safe manner.

Nevertheless, as seen above, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking, such as smelling a large amount of drinking, walking, rhythm, etc., and neglected to do so, and sent it at the front, and did not discover the Defendant’s low-speed car E in the victim D (47 tax) who was under stopping, and suffered injury to the victim D, by taking the back part of the above high-speed car with the front driver of the vehicle, and taking about two weeks of medical treatment for the said high-speed driver, and by taking about two weeks of medical treatment for the victim D, the victim F (the 49 years old), who is the passenger, suffered from the injury, such as the catum fat and tension in need of two weeks of medical treatment.

Summary of Evidence

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