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(영문) 서울중앙지방법원 2020.12.18 2020고단7094
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. The defendants are those engaged in driving cars in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act;

On April 17, 2020, the Defendant driven the above vehicle while under the influence of approximately 0.202% of blood alcohol concentration on April 17, 2020, and proceeded with the two-lane roads near Jongno-gu Seoul Metropolitan Government, along with the resignation and tunneling as the resignation and tunneling. The Defendant changed the course into one-lane.

At the time, it was at night and at the left-hand lane of the defendant, the victim D (the south, 54 years old) is driving, so there was a duty of care to thoroughly check the surrounding traffic situation and drive safely.

Nevertheless, the Defendant neglected this and did not properly check the surrounding traffic condition while under the influence of alcohol and did not change the course, and received the part behind the left side of the Defendant’s vehicle behind the victim’s operation D, which was proceeding on the left side of the Defendant’s vehicle.

As a result, the Defendant driven the said vehicle under the influence of drinking so that it is difficult to drive the vehicle normally, thereby causing injury to the victim D, such as climatic salt, etc. which requires treatment for about two weeks, and suffered injury to the victim F (F, South and 40 years old) who was on board the said vehicle, such as climatic salt, tension, etc. in need of treatment for about two weeks. At the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the said rocketing taxi vehicle to cause damage to repair costs of KRW 1,423,228, while leaving the said vehicle to rescue the victim.

2. On April 17, 2020, the Defendant violated the Road Traffic Act ( sound driving) around 01:22, the blood alcohol concentration of approximately 3.5 km from the G around Jongno-gu Seoul to the I neighboring road in Seodaemun-gu Seoul.

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