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(영문) 서울남부지방법원 2020.02.06 2019고단5684
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

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

At around 21:40 on August 2, 2019, the Defendant, while under the influence of alcohol on blood alcohol concentration, was in a state of difficulty in normal driving, such as blood color, red, yellow, walking, etc., but was driving the said car and driving the front road of Gangseo-gu Seoul Metropolitan Government in the direction of fire fighting distance from the direction of the open volcanic basin.

At the same time, there was a duty of care to make a person engaged in driving a motor vehicle in excess of the median line to the place where the median line is installed, but the defendant neglected to do so and received the back portion of the driver's seat of the Egyman Royman Roy who was driven by the victim D (year 71) who was driving beyond the median line due to negligence beyond the median line while under the influence of alcohol, and received the back portion of the driver's seat of the Egyman Royman Roy who continued to proceed along the following of the above victim F (year 51) from the passenger car operated by the defendant.

Ultimately, the Defendant, while driving the said high-speed car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim F, such as salt, tensions, etc. in need of a two-day medical treatment, and suffered injury to the victim H(S) who was on board the vehicle driving by the said victim for about three weeks, such as salt, tensions, etc. in the trend requiring a three-day medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) The Defendant is under the influence of alcohol by causing a traffic accident as described in paragraph 1 while driving the above high-speed car on the front of Gangseo-gu Seoul Metropolitan City at a temporary intervals, such as being under the influence of alcohol by the police officer of the Seoul Gangseo Police Station I District of Seoul Gangseo Police Station who called for after receiving 112 a traffic accident.

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