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(영문) 서울남부지방법원 2020.10.20 2020고단1131
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 February 27, 2018, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on February 27, 2018.

【Criminal Facts】

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 cars BM5

On January 29, 2020, the Defendant driven the said car while under the influence of alcohol of 0.114% with blood alcohol concentration around 23:40 on January 29, 202, and continued the front road of Geumcheon-gu Seoul Metropolitan Government.

At that time, the road was installed with signal lights at the front, so in such a case, the driver of the vehicle had a duty of care to safely drive the front door and the left door and the left door, and to accurately operate the brake and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to stop in the air at the bend of the mast, was driven by the victim D (W, 41 years of age) who was standing in the signal air at the bend of the mast, and brought down the driver part of the Defendant’s vehicle to the front part of the passenger vehicle.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans, tensions, etc. in need of a two-day medical treatment, and suffered injury to the victim F (15 years old) who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (MM5 vehicle) in the state of being drunk by 0.114% in the section of approximately 8 km from the Gu's front road to the front road of Geumcheon-gu Seoul Metropolitan Government during the period of temporary competition, such as the foregoing Paragraph (1) of the Road Traffic Act.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the video verification by this court;

1.Each.

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