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(영문) 서울남부지방법원 2020.08.13 2019고단6677

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B-2 trucking transport business;

At around 17:20 on November 10, 2019, the Defendant, while under the influence of alcohol in the blood alcohol concentration, was in a state of difficulty in normal driving, such as influenite red, drinking, walking, etc., but the Defendant driven the above cargo vehicle and driven the front road of Guro-gu Seoul Metropolitan Government into the south cycle from the luminous intersection to the south cycle.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of the change, and he/she has a duty of care to inform the direction change in advance and to change the lane safely by keeping the traffic situation of the front and rear left well.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not properly look at the three-lane situation, and instead changed the course, and was driven by the victim D(the age of 40) driving the three-lane in the same direction. The left part of the EK7 car driven by the victim D(the age of 40) was turned into the front part of the right part of the Defendant’s car.

As a result, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim, such as light chills, tensions, etc. in need of a two-day medical treatment, and the injury of the victim F (the age of 35) who was on board the damaged vehicle to the victim F (the age of 35) in need of a two-day medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant from G of the Seoul Guro Police Station, who was sent to the site after receiving contact that “A driver would have caused a traffic accident as described in paragraph (1) while driving the said truck on the front of Guro-gu Seoul Metropolitan Government Road at around 17:20 on November 10, 2019.”