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(영문) 서울북부지방법원 2020.05.21 2019고단4798
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Crimes committed on October 19, 2019: around 08:25;

A. On October 19, 2019, around 08:25, the Defendant driven a DNA car with a blood alcohol content of 0.128% from the 20km section from the roads near the C-dong located in Seoul Special Metropolitan City, Nowon-gu to the front-dong lane in Seoul Special Metropolitan City, Nowon-gu.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving the above FD car.

On October 19, 2019, the Defendant, while under the influence of alcohol of 08:25% of blood alcohol concentration, 0.128%, was driving one-lane between the two-lanes in front of C in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu and the middle intersection in his own bank.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents, such as taking the front door and left door well, accurately manipulating the steering direction and brake system, etc.

Nevertheless, the Defendant: (a) neglected to drive a motor vehicle under the influence of drinking, such as snow, fluorous and highly red and so on; (b) neglected to drive a motor vehicle under the influence of drinking; and (c) obstructed the back part of the F-to-purd motor vehicle driven by the victim E (the age of 47) who was driven by the previous fluor due to the negligence while driving the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Crimes on October 19, 2019: around 12:10;

A. Although the Defendant was found to have violated the Road Traffic Act (driving) as above, at around 12:10 on the same day, the Defendant was under the influence of alcohol by 0.10% of the blood alcohol concentration from the section of about 500 meters from the roads near the Seoul Special Metropolitan City, Nowon-gu to the front and the front roads in the same Gu B.

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