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(영문) 서울남부지방법원 2020.12.15 2020고단2220
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant is a person who is engaged in driving a passenger car at Benz 200(C200).

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant at a speed not known from the front side road of Yangcheon-gu Seoul Metropolitan Government on December 6, 2019.

In such cases, a driver has a duty of care to prevent accidents due to safe driving, such as not driving under the influence of alcohol, keeping the situation well, accurately manipulating steering and brakes, etc.

Nevertheless, the Defendant neglected this and did not properly take into account the post-driving situation while normal driving is difficult due to influence of alcohol by 0.179%, and did not accurately operate the steering and brakes, and the Defendant’s negligence, which led to the collision with the part of the Defendant’s vehicle behind the car side of the E-Sa halog car driving seat and the front part of the E-Sa halog car driving seat and the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as brain, which requires medical treatment for about two weeks, due to the influence of alcohol, by negligence on the part of the Defendant while driving normally.

2. Violation of the Road Traffic Act (AF) at the above date and at the above place, the Defendant did not properly take into account the aftermath alcohol level of 0.179% in a state where normal driving is difficult due to influence of alcohol while driving the Defendant’s car at a certain point, and did not operate the steering direction and brake system accurately, and by negligence, caused the Defendant’s vehicle driving in the direction of the car driving by failing to operate the steering direction and brake system correctly, and caused the Defendant’s vehicle driving in the direction of the car driving to conflict with the part of the Defendant’s car side of the 5,427,763 won in repair cost.

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