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(영문) 서울서부지방법원 2020.09.29 2020고단1811
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 became 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) is a person engaged in driving B K5 automobiles;

On April 18, 2020, the Defendant driven the said car while under the influence of alcohol of 0.122% of blood alcohol level around 20:43, and passed through the two-lanes between the four-lanes in the direction of the amampic calendar in Eunpyeong-gu Seoul.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to safely drive the motor vehicle along the lane, to properly manipulate the steering system, etc. along the lane, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the blood alcohol level to reach 0.122%, the face is red, and it is divided into two sides. The Defendant conflicts with the front part of the victim C(the age of 26) who was waiting to turn to the left at the road facing the center line due to the negligence of the driver C(the age of 26) while driving under the influence of a little string, and caused the collision with the front part of the Ftith of the victim E(the age of 29) by driving the said string car due to its shock.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of alcohol and caused the victim C to suffer injuries such as salt pans, tensions, etc. to the shoulder pipe, which requires treatment for about two weeks, and the victim G (the 32 years old) who is a partner of the victim E and the above Tballa car, suffered from each injury such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

2. On April 18, 2020, the Defendant violated the Road Traffic Act (driving) at the 269 new evision intersection from the roads near the mountain basin of Eunpyeong-gu Seoul Metropolitan Government, to the same Gu, around 20:43.

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