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(영문) 서울동부지방법원 2020.08.20 2020고단1161
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

[Criminal Power] On October 1, 2019, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving motor vehicles B;

On March 31, 2020, the Defendant driven the said car under the influence of alcohol of 0.109% with no driver's license on March 31, 2020, while driving the said car at a speed of 0.10% with a blood alcohol level of 0.10%, leading the 4-lane of the front side of Songpa-gu Seoul Metropolitan Government to a speed of one-lane from the edge of the D Hospital to the remote market.

At the time, there are nights, and there are vehicles going in the signal signal at the front door, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the left and the right while lowering speed to those engaged in driving duties.

Nevertheless, under the influence of alcohol, when the Defendant was negligent in proceeding while neglecting to do so, the Defendant got out of the part of the victim E (the 55-year-old driver) driving in front of the direction of the Defendant’s running, which was behind the signal in front of the direction of the Defendant’s running.

As a result, the Defendant driven the above rocketing car in a situation where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim E and the victim G (the 47 years of age) who is the driver of the said rocketing car, for about three weeks, such as the clock, tension, etc.

2. The Defendant violates the Road Traffic Act and the Road Traffic Act (driving without a license) shall not obtain a driver’s license in the section of about 10 km from the roads near the Seocho-gu Seoul Metropolitan Seocho-gu to the places specified in paragraph (1). The Defendant is under the influence of alcohol with a blood alcohol concentration of about 0.109% without obtaining a driver’s license.

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