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(영문) 서울중앙지방법원 2020.11.19 2020고단5468
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 May 30, 2017, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a 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 engaged in driving a vehicle B.

On July 23, 2020, the Defendant driven the said car while under the influence of alcohol 0.224% of blood alcohol level on July 23, 2020, and led the said car to drive the three-lane roads near Seocho-gu Seoul Metropolitan City along the two-lanes of the two-lanes in the vicinity of the front line of subway 9.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the brake and steering gear, and when changing the vehicle line, he/she has a duty of care to give notice of change of the course by operating the direction, etc., give notice of change of the course, and to change the vehicle line by properly examining the traffic situation of the front and rear left.

Nevertheless, in the process of starting due to a change in signal while normal driving is difficult due to influence of drinking, the Defendant, as seen above, failed to operate the steering gear properly and failed to give notice of the change in the vehicle line, and entered three-lanes without giving notice of the change in the vehicle line, received the part on the left back part of the E-Sa-si driving vehicle by the victim D, who entered the three-lanes of the E-Sa-si.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Although the Defendant was punished for a violation of the Road Traffic Act (driving) as above, the Defendant was under the influence of 0.24% of the blood alcohol level at the same time from the front of a main station where it is impossible to identify the trade name in the sex-based sperm at the Sungnam city under the influence of alcohol level 0.24%, to the place of the above accident.

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