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(영문) 서울남부지방법원 2020.06.11 2020고단248
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On April 26, 2016, the Defendant was notified of a summary order of KRW 1.5 million by Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person engaging in driving a motor vehicle of B low-speed PP, and the Defendant was under the influence of alcohol at around 20:35 on December 2, 2019, while blood alcohol concentration of 0.101% was under the influence of alcohol, and it was difficult to drive the motor vehicle normally due to a low red and low distance and walking, but the said motor vehicle was driven on the same apartment door of the Seoul Guro-gu apartment Ddong room.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she shall accurately operate steering gear, brakes and other devices, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and driving safely.

Nevertheless, the defendant, under the influence of alcohol, went beyond the opposite line, and was driven by the victim E (58 years old) who was driven in the opposite line, conflict with the front part of the driver's vehicle in front of the suspect's passenger vehicle.

As a result, the Defendant driven the said low-speed car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as a hot spring, where there is no open two shops in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time driven B low-speed car with a blood alcohol concentration of about 0.101% under the influence of alcohol from about 70 meters to about 70 meters before apartment Gdong in Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

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