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(영문) 서울서부지방법원 2020.06.11 2020고단677
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

except that 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 May 4, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

1. Around 00:48 on February 10, 2020, the Defendant used a car under the influence of alcohol with a blood alcohol concentration of 0.216% from the C parking lot located in Mapo-gu Seoul Metropolitan Government to the Busan metropolitan road located in the same Gu, from around 30 meters.

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

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a motor vehicle by making a

On February 10, 2020, the Defendant driven the said car under the influence of alcohol 0.216% of the blood alcohol concentration around 00:48, and entered the said car by moving the three-lane road of Busan E-do located in Mapo-gu Seoul Metropolitan Government by moving from the side of the parking lot C to the airspace of the airspace.

At night and at the same time, there is a duty of care to prevent accidents by safely entering the road, since it is a point that combines the two-lane road from the side road to the three-lane road. Therefore, the driver has a duty of care to accurately operate the steering gear and the operation of the driver, and to check whether there is a motor vehicle, etc. that is directly engaged in driving prior to the entry into the road.

Nevertheless, the Defendant neglected this and neglected to properly operate the steering gear while under the influence of alcohol, and neglected bypassing it by wideing the direction of the steering force, and received the part of the right side of the HH rocketing car driven by the victim G (33 years old) who was driving the said road along one-lane from the direction of the airspace towards the airspace.

As a result, the defendant driving a motor vehicle in a state where it is difficult to drive it normally due to influence of drinking, and let the victim do it for about two weeks.

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