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(영문) 서울남부지방법원 2020.11.03 2020고단1717
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【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 BMW automobiles

On February 28, 2020, the Defendant driven the above vehicle at around 01:00, and led to the direction of the erostroid distance from the front side of the D Pharmacy in Gangseo-gu Seoul Metropolitan Government.

At the time, there was night and there was a vehicle driving in the same direction on the front side of the defendant, so in such a case, there was a duty of care to secure a necessary distance to avoid collision with the front vehicle when the vehicle stops suddenly, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to drive a vehicle while under the influence of alcohol 0.198% while driving the vehicle in a state of difficulty with normal driving, and neglected to perform his duty of care, and thereby caused the back part of the FO2 driven by the victim E (the age of 44) who was driven in front of the Defendant vehicle, and caused the back part of the HO2 driven by the victim G (the age of 65) who was under the influence of the vehicle in front of the Defendant vehicle.

As a result, the Defendant driving a vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E, such as salt dynasium, tension, etc. in need of medical treatment for about two weeks, and injury to the victim G, such as brain dynasium, etc. in which there are no two internal organs requiring medical treatment for about one week.

2. On February 28, 2020, the Defendant violated the Road Traffic Act (driving) from the first street of Gangseo-gu Seoul to the front road in Gangseo-gu Seoul Metropolitan Government C.

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