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(영문) 서울중앙지방법원 2020.05.20 2019고단8714

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B high SUV automobiles.

On December 7, 2019, the Defendant driven the said car under the influence of alcohol level of 0.126% on blood alcohol level around 03:13 on December 7, 2019, and proceeded bypassing the four-lanes in the four-lanes in front of the 333-gil-gu, Seoul, Chungcheongnam-gu, Seoul.

At that time, the signal lights are installed, and there are vehicles entering the road to enter by right-hand turn from the opposite side to the left-hand turn in accordance with the straight line and the left-hand turn simultaneously on the opposite side. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent traffic accidents by safelypassing the right-hand side after checking whether there is a vehicle that is going to turn to the left by reducing the speed and checking the right-hand side.

Nevertheless, the Defendant neglected this and went to the right at the right side of the victim C (Nam, 61 years old) driving, which was turned to the right side of the driver’s distance from the dyna-si in accordance with the new subparagraph on the opposite side of the dyna-si, which was turned to the left side of the driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of two weeks of treatment due to such occupational negligence.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury to the victim.

2. On February 4, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act by Seoul Southern District Court.

The defendant is under the influence of alcohol concentration of 0.126% in the above temporary border, and is in the Gyeonggi-do Gwangju Metropolitan City.