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(영문) 서울남부지방법원 2020.11.03 2020고단2019
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation order shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On January 13, 2012, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Seoul Western District Court, and on May 7, 2019, the Seoul Southern District Court sentenced 1 year and four months to be a crime of fraud, and completed the execution of the sentence at the Seosung vocational training prison on September 21, 2019.

【Criminal Facts】

1. Around 00:30 on April 5, 2020, the Defendant driven a Fran vehicle under the influence of alcohol with a blood alcohol concentration of 0.103% at the section of about 100 meters from the neighboring Do of the Geumcheon-gu Seoul Metropolitan Government “D” to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The defendant is a person engaged in driving a Franchising car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 5, 2020, the Defendant driven the said car while under the influence of alcohol of 0.103% of blood alcohol level around 00:30, and driven the said car at a speed of about 50 km per hour in the direction of the Geumcheon-gu, Geumcheon-gu, Seoul, at a speed of about 50 km in the direction of the so-called Geumcheon-gu.

At the time, there was an intersection where signal lights are installed at night, and in such a case, there was a duty of care to prevent accidents by accurately operating the steering direction and brake system and operating it safely in accordance with the signals, by reducing speed and properly examining the right and the right of the driver.

Nevertheless, the defendant is negligent in driving the above vehicle while under the influence of alcohol, and due to the negligence of disregarding and proceeding the stop signal signal of the above intersection by driving the above vehicle in a situation where it is difficult to drive the vehicle normally, such as influence, fluence, red and smelling, and smelling, and according to the new code on the right side of the running direction of the road at the time of the maas intersection.

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