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(영문) 서울동부지방법원 2020.08.13 2020고단1887

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2010, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

The Defendant is a person who is engaged in driving a B B-II cargo vehicle.

1. On May 9, 2020, the Defendant driven the above Poter II cargo vehicle under the influence of alcohol level of about 0.174% from the 4km section to the road located at the direction of 23km in Seoul, Gangdong-gu, Seoul, from the front of a restaurant where it is impossible to know the trade names near the Sari-dong Sari-dong Sari-dong Park, Hanam-si, the Defendant was under the influence of alcohol level of about 18:17 on May 9, 202.

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

2. On May 9, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol level of 0.174% on May 18, 202, and led to six lanes 23 km away from the direction of the Guide of the Seoul outer cycle Highway located at the lower-class Seoul Gangdong-gu Seoul Metropolitan Government (Seoul) along the four-lane of the said road at the IC bank located at the right 23 km away from the upper IC bank.

At the time, the vehicle was driven along on the front side, so in such a case, there was a duty of care to see the front door well for the driver of the vehicle and to prevent the accident by accurately manipulating the steering and steering devices.

Nevertheless, as above, the Defendant was negligent in driving under the influence of alcohol while normal driving is difficult, following the right side of the victim C-Woo (MINI cooper D countryman) driving in the front bank, and received the part of the panf in the front side of the said Poter II.

Ultimately, the Defendant’s negligence in the above occupational negligence caused the Victim E (V, 53 years old) who was on a passenger car driven by the Victim C and the Victim C to need approximately two weeks of treatment.