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(영문) 서울동부지방법원 2019.09.27 2019고단2459

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

On May 18, 2007, the Defendant was issued a summary order of KRW 1 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a BAD A6 car

On July 13, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.120% 0.120% while under the influence of alcohol around 22:44 on July 13, 2019, and led the three-lanes of the three-lanes around Songpa-gu Seoul Metropolitan City to proceed at an unfluencing speed from the remote distance protection area near the Songpa-gu Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents by accurately manipulating the front side and the left side and the right side and safely driving the steering and brakes.

Nevertheless, the Defendant, while drunkly driving the said vehicle under the influence of alcohol to the extent that the Defendant was influence, was negligent in driving the said vehicle on the right side of the road and suffered from the eM5 vehicle driving the eM5 vehicle under the influence of the Defendant’s vehicle driving on the right side of the road. The Defendant suffered approximately two weeks of light fluences in need of treatment for the victim.

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 of the victim.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act, the Defendant driven a car with approximately 4 km while under the influence of alcohol of about 0.120% of the blood alcohol concentration on the roads near the Gungdong located in Gangdong-gu Seoul Metropolitan Government, Songpa-gu, Seoul, to the roads near the Gungdong-ro 225.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement 1.