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(영문) 서울동부지방법원 2021.03.25 2021고단42
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon Friwon.

Criminal facts

1. The defendant is a person who is engaged in driving a BTrack vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On November 20, 2020, the Defendant driven the said car under the influence of alcohol content of 0.133% in blood, and driven the said car along the two-lanes from the north of the Sho Lake to the long distance of the road of 1133 (Road) as Seoul Gangdong-gu, Gangdong-gu.

At the time, the above location is night and the traffic congestion, so there was a duty of care to maintain a clean mind for the person engaged in driving of a motor vehicle and to prevent accidents in advance by driving the motor vehicle.

Nevertheless, the Defendant neglected this and went to turn to the left at the right edge of the road from the two-lanes in the front of the marine bank as seen above due to the negligence of the Defendant’s negligence, and received the DK3 car driven by the victim C (W, 58 years old) who was standing in order to turn to the left.

As a result, the Defendant driving a motor vehicle under the influence of alcohol that is difficult to drive normally, resulting in injury to the victim, such as knee, knenee, and other kneeing parts that need to be treated for about two weeks.

2. Around 01:40 on November 20, 2020, the Defendant driven B Track Motor Vehicle under the influence of alcohol concentration of about 0.133% at the section of about 5.5 km from the front of the Automatic Military Station in Seongdong-gu Seoul, Seoul to the front of the 1139 (road-lane) street, as Seoul Gangdong-gu, to the front of the street.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report (on-site investigation report);

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