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(영문) 서울중앙지방법원 2020.07.22 2020고단2704
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Punishment of the crime

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving Bsch Rexroth vehicles;

On March 15, 2020, the Defendant driven the above vehicle under the influence of alcohol of approximately 0.191% in blood alcohol concentration on March 15, 2020, and proceeded with the same line near Gangnam-gu Seoul Metropolitan Government as the Eastern Road at a speed that cannot be seen as the Cheonggu-do Bridge at a flood level.

At the time, there was a vehicle operated by the victim D (the age of 18) on the front side of the vehicle operated by the Defendant at night, and in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle according to traffic flow after living well the traffic situation on the front side and right side.

Nevertheless, the Defendant neglected this and was negligent in driving the victim D driving vehicles in the front of the vehicle under the influence of drinking, and due to the negligence of driving the vehicle in the front of the vehicle under the victim D driving, despite the fact that there was a vehicle for driving in the front of the vehicle under the victim D driving.

As a result, the Defendant suffered injury to the victim D, who had driven the above Belgium car due to the foregoing occupational negligence during which it is difficult for the Defendant to drive the above Belgium car due to a normal operation of alcohol, such as salt, tension, etc. for about two weeks, and injury to the victim F (18 years of age) who was on board the vehicle, such as salt, tension, etc. in the chill that requires approximately two weeks of treatment.

2. On April 6, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violating the Road Traffic Act.

On March 15, 2020, the Defendant was under the influence of alcohol of approximately 0.191% of alcohol concentration at the 10km section from the 01:52, around the 01:52, in the vicinity of Seongdong-gu, Seongdong-gu, Seoul to the dong-si, Gangnam-gu, Seoul.

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