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(영문) 서울중앙지방법원 2020.02.17 2019고단7764
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

On September 16, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

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 car B.

On October 20, 2019, at around 17:36, the Defendant driven the said car while under the influence of alcohol with 0.120% of blood alcohol concentration, and 3-lanes of the three-lanes in front of Jongno-gu Seoul Metropolitan Government are driving at the intersection from the 5-lane surface to the 4-lane.

The direction of the driving is followed by the ENAS car of D driving, so in such a case, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle in a safe manner by properly examining the left and right of the front.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty at the time of the front week and caused the injury to the victim F (F, 44 years old) who was on board the front line of the driver's vehicle at the No. Rask-si, and was on board the front line of the driver's vehicle at the No. Dok-si, due to the impact of the driver's vehicle.

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 victim.

2. Around October 2017:36, 2019, the Defendant driven a B B B B lue-ri vehicle with a blood alcohol content of about 3km from the 3km section up to the Seoul Jongno-gu Road, the location of the traffic accident in paragraph (1), up to the road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

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