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(영문) 서울중앙지방법원 2020.10.20 2020고단6740
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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On December 27, 2012, the Defendant was issued a summary order of KRW 6 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B franchise;

On August 5, 2020, the Defendant driven the said car while under the influence of alcohol of 0.176% in blood alcohol concentration on August 5, 2020, and driven the car at a pressure-based 151 Seoul Gangnam-gu, Seoul, and the Olympic dedicated road at the Hannam-gu, the 151-ro, Seoul, and the 4-lane road at the same intersection.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering direction, brakes, and other devices of the motor vehicle and to prevent accidents by safely reporting the traffic situation in front.

Nevertheless, the Defendant was negligent in neglecting this and proceeding at the right side of the car of the Defendant, and the victim C (hereinafter referred to as 47 years of age) driven by the vehicle at the right side of the car of the Defendant, which was driven by the victim C (hereinafter referred to as the “Defendant”).

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim E (V) who is the passenger of the said car to receive approximately three weeks of medical treatment, such as satise finite finite, etc., in need of medical treatment for about three weeks, and injury to the victim F (V, 21 years of age) who is the passenger, in need of medical treatment for about three weeks, such as finite finite finite, etc., and suffered injury to the victim G (V, 9 years of age) who is the passenger, and the victim H (V, 9 years of age) for about two weeks of medical treatment.

2. The defendant in violation of the Road Traffic Act (driving) shall be 0.176% of the blood alcohol concentration at the section of approximately 1 km from the Gangnam-gu Seoul Metropolitan Government I and the front place of the accident to the date and time specified in paragraph (1).

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