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(영문) 서울남부지방법원 2020.10.06 2020고단1295
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 10, 201, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on January 10, 201.

【Criminal Facts】

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On February 13, 2020, the Defendant driven the above cargo vehicle under the influence of alcohol of 0.149% with a blood alcohol concentration of 06:20% on February 13, 2020, and led the D Center in front of the D Center in Guro-gu Seoul Metropolitan City along the 6-lane of the 6-lane off from the seaside of the Koskkdong Stamba Stamba, to the sea basin.

At that time, the road was a night prior to sunrise and a signal was installed. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating steering devices and brakes with the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while driving the said cargo in a situation where it is difficult to drive the vehicle normally while driving, did not immediately move the vehicle on the front direction while driving the vehicle, and did not immediately move the vehicle on the front direction, and caused the front part of the victim E (E, South, 39 years old) driving along six-lanes in the front direction of the driving direction, and the front part of the said vehicle from the front part of the said passenger vehicle by the victim E (E, South, 51 years old) to conflict with the rear part of the victim G (E, e.g., the latter part of the vehicle by the victim).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim E, such as a shot, etc. which has no open two shops requiring medical treatment for about two weeks, and injury to the victim G, such as a shotum, tension, etc. which requires medical treatment for about two weeks.

2. The accused who violated the Road Traffic Act shall be given temporary warning as stated in the above 1.

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