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(영문) 서울동부지방법원 2020.11.12 2020고단2429

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On January 7, 2010, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Jeonju District Court. On February 15, 2012, the Defendant was sentenced to a suspended sentence of KRW 8 months by the same court for the same crime, and the judgment became final and conclusive on June 8, 2012. On March 22, 2013, the Seoul High Court sentenced ten months of imprisonment for a violation of the Road Traffic Act at the Seoul High Court on April 12, 2013, and the judgment became final and conclusive on April 12, 2013. On October 11, 2014, the judgment became final and conclusive on December 11, 2014, by imprisonment with prison labor from Seoul Northern District Court on March 23, 2017 to a detention house for the obstruction of the performance of official duties by force. < Amended by Act No. 12837, Aug. 18, 20197>

【Criminal Facts】

The Defendant is a person engaging in driving a benz car.

1. On June 17, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said car under the influence of alcohol level of 0.096% on blood alcohol level around 04:40 on June 17, 2020, and driving the said car in front of Gwangjin-gu Seoul Special Metropolitan City at a speed of the speed of the time between the 3-lane and the military guard.

At the time, the passenger car of the Defendant is a new wall at the time, and the E rocketing taxi driven by the victim D (Nam, 58 years old) stops in accordance with the new subparagraph, so in such a case, the driver of the vehicle has a duty of care to safely drive the wheel and left well, such as accurately operating the steering gear and brakes, and to prevent the accident in advance.

Nevertheless, the defendant's vehicle is a driver's vehicle due to negligence while driving in a state where it is difficult to drive normally due to influence of drinking, such as a red and yellow distance, under the influence of alcohol while neglecting this.