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(영문) 서울남부지방법원 2020.10.06 2020고단1333
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was issued a summary order of KRW 5,00,000 by the Seoul Southern District Court on March 18, 2019.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a motor vehicle B with B knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On January 13, 2020, the Defendant driving the above van around 20:10, and driving two lanes of two lanes in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, at a speed of about 40 km from the offline of the Corporation to the offline of the German acid distance.

At the time, there were nights, and there were frequent traffic of vehicles, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating steering devices, brakes, etc. and safely driving them through a thorough operation of steering devices, brakes, etc. while living well before and after the passage of the motor vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult under the influence of alcohol, and was negligent in not operating the brake system accurately while under the influence of alcohol at a level of 0.166%, and received the back panion of the Eba vehicle driven by the victim D (Nam, 61) who is a taxi driver, who was sent at the same lane in the same direction as that of the operation.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. of the trend that requires treatment for about two weeks.

2. The Defendant is under the influence of alcohol without a driver’s license at a section of about 2 km from around cafeteria-dong, Guro-gu, Seoul to reaching the same accident as that set forth in paragraph 1 at the time and time as set forth in paragraph 1. The Defendant is under the influence of alcohol by 0.166% without a driver’s license.

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