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(영문) 서울서부지방법원 2020.06.11 2020고단752

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a golf car.

On January 18, 2020, the Defendant driven the said car on a 00:27-lane and driven the said car along the two-lane between the two-lanes in the direction of the south from the direction of the northwest of the Chungcheongnam-gu Seoul Metropolitan Government, along the alcohol level of 0.161%.

When a person engaged in driving a motor vehicle changes a lane, he/she has a duty of care to operate a direction direction, etc. in order to give prior notice of a change in course and to change the lane in the situation of traffic in the front and rear left.

Nevertheless, the Defendant neglected this and negligently changed the three-lane to the third-lane under the influence of alcohol, and the victim C (the age of 43) who was driving in the three-lane, followed the left-hand side of the pentum part of the Defendant’s driving vehicle, and received the part above the right-hand part of the Defendant’s driving vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the driver C of the damaged vehicle and the victim E of the damaged vehicle (the age of 20) to suffer from each injury, such as salt ties, tensions, etc., for about two weeks in need of medical treatment.

2. Around 00:27 January 18, 2020, the Defendant was under the influence of alcohol 0.161% in a section of approximately 1km from the northwest of the Tancheon School to the road of about 150 meters in the direction of the Southern River from the southwest of the Tancheon River to the southwest of the same Gu, while driving the said halog car under the influence of alcohol halogen vehicle.

3. Violation of the Road Traffic Act;

A. At around 20:00 on January 17, 2020, the Defendant is about 8km from Gangseo-gu Seoul Metropolitan Government F to the front floor of a food so that it is impossible to find out whether it will go back to the consolidated mountain in Mapo-gu Seoul.