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(영문) 서울중앙지방법원 2019.10.25 2019고단6027
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 resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.

On August 29, 2019, the Defendant driven the said car under the influence of alcohol of 0.187% in blood alcohol concentration at around 23:09, and continued to drive the said car on the one-lane in front of the exit 128-ro Cheonggu, Gangnam-gu, Seoul, with seven lanes, according to the 1-lane in front of the exit 128-ro, Gangnam-gu, Seoul.

In the direction of the driving of the victim C(53 years old) driving, the driver of the vehicle has a duty of care to ensure safe driving by properly examining the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle by neglecting the duty at the front-time, thereby causing the victim's driver's injury to seven persons in total, as indicated in the attached list of crimes, including: (a) the Defendant was negligent in driving the vehicle at the front-time and the part behind the driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victims.

2. On August 29, 2019, the Defendant violated the Road Traffic Act ( sound driving) at around 03:09, the blood alcohol concentration is 0.187% from the 1km section to the road in front of the frequency of Samsungdong-dong, Gangnam-gu, Seoul to the road at the site of the above paragraph (1) accident.

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