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(영문) 서울남부지방법원 2020.05.19 2019고단6044
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 June 24, 2016, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on June 24, 2016, and on November 2, 2017, the Seoul Southern District Court issued a summary order of KRW 7 million with a fine of KRW 7 million for a violation of the Road Traffic Act.

1. Around October 00:45, 2019, the Defendant driven a C-learning car with a blood alcohol concentration of 0.128% from the 2km section from around 2km to the roads in Yangcheon-gu Seoul Metropolitan Government, on which it is impossible to identify the address below the 00:0-45,00,000, the Defendant used the C-learning car with a blood alcohol concentration of 0.128%.

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

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) has been engaged in driving automobiles.

On October 09, 2019, around 00:45, the Defendant proceeded with a third-lane road in front of Yangcheon-gu Seoul Metropolitan Government along the first line.

At the time, at night, and at that time, the signal was installed, so there was a duty of care to prevent accidents by checking the front side in good condition to those engaged in driving service.

Nevertheless, the Defendant neglected to serve as described in paragraph (1) and did not see the E K5 si in the operation of the said si in order to signal in the front bank, and did not immediately stop due to the negligence of late stopping, which led to the lower part of the said si on the front part of the said si.

As a result, the Defendant rhymd the horses, and caused the injury of the victim F, the passengers of the said taxi, such as cage click, click, red, etc., which requires approximately two weeks of medical treatment of the said taxi, by driving the vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, such as drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report on the actual condition of a traffic accident (1.2), the field map of a traffic accident, and the care map;

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