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(영문) 서울동부지방법원 2021.03.25 2020고단4335
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

1. On October 11, 2013, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million for a violation of Road Traffic Act at the Seoul Eastern District Court on the grounds of a violation of Road Traffic Act. On January 17, 2014, the Seoul Central District Court issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of Road Traffic Act at the Seoul Northern District Court, and on October 30, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of Road Traffic Act at the Seoul Northern District Court.

On November 17, 2020, around 20:45, the Defendant driven a Dhand car with the alcohol concentration of about 0.197% while under the influence of alcohol at approximately 1km from the front road of Gangdong-gu Seoul to the front road of the same Gu C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driving of the said car while under the influence of alcohol content of 0.197% during the day set forth in paragraph (1), led the said car to drive the said car at an indefinite speed from the direction of E to the F church.

In this case, the driver of a motor vehicle has a duty of care to operate the brakes in a safe way by thoroughly manipulating the brakes.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the brake system under the influence of alcohol while neglecting the front city, the Defendant shocked the back part of the victim G(Y, 46 years old), which was a traffic signal stop from the front bank of the Defendant, into the front part of the passenger car of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as climatic salt, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A site photoology measurement paper;

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