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(영문) 서울중앙지방법원 2020.02.07 2019고단7960

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 18, 2009, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 11, 2010.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is a person engaged in driving Buratom car.

On November 3, 2019, at around 00:58, the Defendant driven the said car while under the influence of alcohol of 0.218%, and led the two-lanes of the three-lanes in front of Seocho-gu Seoul Metropolitan Government to go from the inner control area to the remote distance protection area.

At that time, there was a crosswalk where signal lights were installed, and there was a vehicle going ahead of the Defendant’s front side, so in such a case, the Defendant, who is engaged in driving duty, had a duty of care to prevent the traffic accident by driving the vehicle with the front side and safely while maintaining the safety distance with the vehicle in front.

Nevertheless, the defendant neglected this and proceeded as it is, while driving at the front of the defendant's vehicle, led the back part of the victim D(W, 45 years old)'s Efranchis in the front of the defendant's vehicle to the front part of the passenger vehicle.

As a result, the Defendant suffered injury to the victim, such as “influoral salt and tension,” which requires two weeks’ treatment by occupational negligence as above.

Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. A violation of the Road Traffic Act (driving) even though the Defendant was found to have been drunkly driven on two occasions as above, the Defendant was under the influence of alcohol around November 3, 2019 on the blood alcohol level of 01:20% at around November 3, 2019, and at the 1km section at the 1km section at the roads near the Kapeta at the center of Seocho-gu Seoul, Seocho-gu, the roads near the same Gu C.