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(영문) 서울남부지방법원 2020.01.16 2019고단5556
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant is engaged in the driving of Branchising car, and around 06:50 on August 23, 2019, the Defendant driven the said car in a state that it is difficult to drive normally due to the influence of drinking due to the influence of drinking, such as drinking in a drunken, the horse is divided, and the engine is broken off, and the said car has driven the said three-lane road in front of the 188 digital complex distance in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, along two-lanes toward the export bridge from the side of the dywing distance.

Since there is a private street crossing where signal lights are installed, there was a duty of care to prevent accidents in advance, such as not operating another vehicle by passing another vehicle through the intersection in the person engaged in the business of driving the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the said vehicle while driving the said vehicle at the intersection with the duty of care as above, and was negligent in the course of the vehicle at the same direction as the course of the vehicle, and was driven by the victim C (Nam, 30 years old) driving at the same direction as the driver's seat of the said vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C and the victim E (V, 56 years old) who is the passenger of the said car due to the said accident, such as salt ties and tension for about two weeks, respectively.

2. On February 18, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Western District Court to a fine for a violation of the Road Traffic Act.

Nevertheless, the Defendant, on August 23, 2019, without obtaining a driver's license at around 06:50 on August 23, 2019, is drunk with 0.116% alcohol level.

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