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(영문) 서울서부지방법원 2020.04.21 2020고단206
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 24, 2007, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine for the violation of the Road Traffic Act.

On November 30, 2019, at around 11:55, the Defendant driven a ENA-type car from a public parking lot near Gangnam-gu Seoul Metropolitan Government to the road in front of the Seoul Mapo-gu D market, with approximately 18km alcohol concentration of about 0.136% under the influence of alcohol.

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

2. On November 30, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a motor vehicle set forth in paragraph 1, while under the influence of alcohol level of 0.136% on a road in front of the Seoul Mapo-gu Seoul Metropolitan D market, and changed the two lanes from two lanes to three lanes from the direction of the Mapo-gu office.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering gear and to safely drive the steering gear, as well as to not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected it, and instead changed the vehicle line on the three-lanes, and thereby was driven by the F while driving the vehicle on the three-lanes by the Defendant.

After all, the Defendant, while driving a car in a state where normal driving is difficult due to influence of drinking, suffered injury to the victim H (V, 53 years of age) who was on board F's vehicle due to the influence of drinking, such as salt, tension, etc. of a trend requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of F and H;

1. A traffic accident;

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