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(영문) 서울중앙지방법원 2020.11.26 2020고단6066
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On March 21, 2020, the Defendant driven the said car under the influence of alcohol of 0.141% on blood alcohol level around 00:47, and led the Defendant to drive the said car along the five-lane road at the parallel of the Seocho-gu Seoul Metropolitan Autonomous Highway along the fourth-lane in the direction of Western IIC from the both sides of the Seocho-gu Road.

In such cases, as a driver, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to do so, was driven by the victim C (the age of 26) who was under the stop of the vehicle due to the difference of fuel at the front line of the same lane, and was driven by the victim C (the age of 26) as the front line part of the vehicle of the Defendant.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the Defendant’s base and tension for approximately two weeks of treatment.

2. On January 16, 2013, the Defendant has the record of receiving a summary order of a fine of four million won for a violation of the Road Traffic Act in a high-level district court of the Republic of Korea on January 16, 2013.

The Defendant driven the said car under the influence of alcohol level of 0.141% at approximately 16 km from the area near the status line trade in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City to the place of the above accident.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, and investigation reports (report on the circumstances of drinking drivers);

1. A medical certificate;

1. Previouss before ruling: Criminal history records, investigation reports (a summary order attached to the suspect's records of driving alcohol);

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