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(영문) 서울서부지방법원 2020.05.19 2020고단366
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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 October 31, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on October 31, 2017.

【Criminal Facts】

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 SP car.

On October 30, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.130% around 00:20 on October 30, 2019, while driving the said car, and led the flow from the upstream of the upper water to the chip.

At this point, since there is a blind-distance intersection with heavy traffic signals, there was a duty of care to live well in the vicinity of the driver of the vehicle, and to prevent the accident in advance by safely driving the vehicle in accordance with good faith.

Nevertheless, the defendant found that the victim C (Nam, 39 years old) driver's darburged vehicle of the victim C (Nam, 39 years old) who was directly in accordance with the straight line due to the negligence in contravention of the signal on the right-hand turn in a state where normal driving is difficult due to influence of drinking, late later, and received the left part of the above sarburged vehicle with the front part of the above sarburged vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as light salt in need of approximately two weeks of medical treatment, and the injury to the victim E (the passenger, the passenger, the passenger of the said A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Vehicle

2. Around 00:20 on October 30, 2019, the Defendant driven a BSP car from the public parking lot located near the Gohap-dong, Mapo-gu, Seoul to the road near the Gohap-dong, Mapo-gu, Seoul to approximately 200 meters in the section of 200 meters, while under the influence of alcohol at 0.130% of alcohol level.

Accordingly, the defendant is 2 times the prohibition of drinking driving.

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