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(영문) 서울중앙지방법원 2020.01.17 2019고단8392
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 20, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court, and on February 9, 2012, a summary order of KRW 5 million was issued by the Seoul Central District Court for the same crime.

【Criminal Facts】

The defendant is a person who is engaged in driving a passenger car Benz S50.

1. Around November 24, 2019, the Defendant driven the said vehicle while under the influence of alcohol by 0.125% of alcohol concentration at the section of approximately 1km from the 1km to the 1km distance located at the same day-ro from the Gangnam-gu Seoul Metropolitan Government Japan-dong to the 7 large-ro.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

2. On November 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol concentration of 0.125% on blood alcohol level on November 24, 2019, and led to a two-lane distance from the border area of Seoul Gangnam-gu to the boundary of the large-scale area where the large-scale distance was located at KRW 7, a day in Gangnam-gu Seoul.

In such cases, drivers have the duty of care to prevent accidents by accurately operating steering the steering and brake system in the front and the surrounding traffic situation and other vehicles, while maintaining the distance of the vehicle in a safe way.

Nevertheless, under the influence of alcohol, the Defendant neglected it and did not properly examine the traffic conditions in the front and surrounding areas, and took the part behind the D Bus driven by the victim C who was parked in accordance with the new subparagraph in the front section of the Defendant’s driver’s car, and suffered injury to the victim, such as salt, tension, etc., which requires approximately two weeks of treatment.

Accordingly, the defendant is difficult to drive normally due to the influence of drinking.

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