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(영문) 서울서부지방법원 2020.11.19 2020고단3103

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

[criminal power] On March 13, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million by the Seoul Western District Court for the same crime on January 26, 2012.

【Criminal Facts】

1. Around 13:50 on August 15, 2020, the Defendant violated the Road Traffic Act (driving) driven a D-hurd-hurged car with a level of approximately 600 meters alcohol concentration of about 0.138% from the front of Yongsan-gu Seoul to the front of Yongsan-gu Seoul, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) is a person engaged in driving a motor vehicle with D Ad

On the same day as paragraph (1), the Defendant driven the said car under the influence of alcohol concentration of 0.138% on the same day, and driven the two-lane road in Yongsan-gu Seoul Metropolitan Government Yongsan-gu Seoul with the two-lane roads toward E commercial-level outflow from the riverside north along the two-lanes.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to accurately operate steering gear, brakes, etc. while driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to stop on the right side of the road, and received the part on the side of the driver's seat of the vehicle G G G Raba and the driver's seat of the vehicle from the front side of the passenger car.

As a result, the Defendant suffered injury to the victim, such as the left-hand salt in need of medical treatment for about two weeks, due to the influence of drinking, by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. The report on the actual condition of survey and the occurrence of any traffic accident;