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(영문) 서울중앙지방법원 2020.06.11 2019고단8713
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

[Criminal Power] On September 3, 2015, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

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 November 9, 2019, at around 04:17, the Defendant driven the said car while under the influence of alcohol of 0.198%, and led the three-lanes of the four-lanes in front of the Seoul Jung-gu Seoul metropolitan building to the intersection of the intersection from the intersection of the tunnel No. 3, Namsan-gu.

At the time, the victim D(E) was driving a dump truck in the same direction as the Defendant in the four-lanes, so in such a case, a person engaged in driving a motor vehicle has a duty of care to live well before and after the vehicle, and to change the car line safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty at the front time, and neglected to change the vehicle from three to four lanes, caused the victim's dump truck, which was stopped at four lanes, to be a part of the driver's dump truck in front of the dump vehicle in front of the Defendant's driver's dump truck, and caused the victim's injury, such as the dump, dump, tension, etc., in need of approximately two weeks of medical treatment.

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 November 9, 2019, the Defendant was driving a B E-C truck under the influence of alcohol content 0.198% from the 3km section up to the road front of the Seoul Jung-gu Seoul Central Building, the traffic accident location of which is set forth in paragraph (1) on the roads front of the Yongsan-gu Seoul Central Office, Yongsan-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. D. D.

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