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(영문) 서울중앙지방법원 2021.01.28 2020고단1243
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B to which he/she belongs, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On November 2, 2019, 14:10, while driving the said car with alcohol level of 0.246% during alcohol level, the person who was under the influence of alcohol level of 0.2.10%, and changing the lane of the vehicle in front of Gangnam-gu Seoul Metropolitan Government from the shooting distance of the hospital in the jurisdiction of the hospital of Eul to the other four-lane in the direction of the new calendar distance.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of change, and he/she has a duty of care to inform the direction change in advance and to change the lane safely by keeping the traffic situation before and after the change.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing the course of the vehicle due to the Defendant’s negligence, received the victim D (35 Do)’s top top part of the E-benz’s car driving in three-lanes.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and sustained injury to the Victim F (F, who is the victim D and the passenger of the damaged vehicle, for about two weeks of treatment, such as salt, tension, etc., and the number of days of treatment to the victim G (V, 6 years of age).

2. On November 25, 2010, the Defendant was issued a summary order of a fine of one million won due to a violation of road traffic laws at the Seoul Southern District Court in Seoul Southern District Court on the grounds of a violation of road traffic laws, on May 17, 2018, the Defendant was sentenced to a fine of seven million won due to a violation of road traffic laws at the Seoul Northern District Court in Seoul Northern District Court on the ground of a violation of road traffic laws. On April 23, 2020, the Defendant was sentenced to a fine of seven million won due to a violation of road traffic laws.

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