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(영문) 서울중앙지방법원 2019.08.14 2019고단2153

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 24, 2011, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and at the same court on September 2, 2014, a summary order of KRW 4 million for the same crime, respectively, and on October 19, 2017, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime at the Seoul Western District Court.

1. On December 17, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driving the C private distance near Gangnam-gu Seoul Metropolitan Government, while under the influence of alcohol by 0.122% of blood alcohol level, and proceeded with approximately 60km from the shooting distance of Samsung Seoul Hospital to the open spoke basin.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle by making it possible for the driver of the vehicle to take the front door well and to safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and did not properly look at the front part of the passenger car while the Defendant was at a right-hand line while breathing the center line, and went beyond the opposite direction, and received the front part of the passenger car.

As a result, the Defendant suffered injury to the victim E (the age of 23) who was on driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, such as the cutting of a duct which requires treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a Doz car from the G cafeteria in Gangnam-gu Seoul Metropolitan Government to the C Sastm in the vicinity of Gangnam-gu to approximately 1.24 km with blood alcohol concentration of about 0.122%.

Accordingly, the defendant is under the influence of alcohol even after driving a car at least twice in the state of alcohol.