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(영문) 서울서부지방법원 2020.03.26 2019고단4192 (1)
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

[Criminal Power] On January 9, 2012, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on January 9, 2012.

【Criminal Facts】

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

On October 20, 2019, the Defendant driven the said car while under the influence of alcohol of 0.238% of blood alcohol level around 21:50, and driven the road along one lane with the flow of four-lane road in the direction of Mangnsan-do, Yongsan-gu, Seoul.

At the same time, the place is a lot of vehicles that pass through as night, and the vehicle was repeated due to traffic condition. In such a case, a person engaged in driving a vehicle has a duty of care to drive the vehicle by accurately operating the steering direction and operating the steering system.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and found it late to reduce the speed in order to maintain the safety distance with the front vehicle by the victim C (the age of 29) who was driven by the Defendant before the Defendant’s driving direction. On the other hand, the Defendant received the back part of the said rocketing car with the front part of the vehicle driven by the Defendant.

As a result, the Defendant was injured by the victim, such as 1 cage cage cage cages, which requires approximately four weeks of medical treatment by driving a car in a state where normal driving is difficult due to the influence of drinking.

2. Around 21:50 on October 20, 2019, the Defendant driven B recreation cars under the influence of alcohol leveling 0.238%, without obtaining a driver’s license, on the roads located in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City E-gu”), while under the influence of alcohol leveling 0.238% without obtaining a driver’s license.

Accordingly, the defendant is drunk not less than twice.

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