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(영문) 서울남부지방법원 2021.02.18 2020고단4417
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person engaging in driving a Branchising car and driving the said car under the influence of alcohol concentration of 0.197% on June 17, 2020, while driving the said car at around 02:12,00, and driving it in the direction of the Enpobn intersection between the southwest of the 128 Enpo Intersection, as Seoul Yeongdeungpo-gu, as Seoul, as Seoul, along the six-lane road.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to check the front side properly and to accurately adjust the operation and steering gear to prevent accidents in advance.

Nevertheless, the Defendant neglected to drive the vehicle in a state where it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol as above, and received the part behind the victim C that was stopped for the signal waiting at the front of the said vehicle, resulting in the clock, tension, etc. requiring approximately two weeks medical treatment to the said victim.

2. On January 28, 2010, the Defendant was sentenced to a suspended sentence of five months for a crime of violating the Road Traffic Act (drinking driving) at the support of the Suwon Friwon, etc. on January 28, 2010. On June 7, 2016, the Seoul Southern District Court sentenced a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.

【Criminal facts” around June 17, 2020: (a) around 02:12, the Defendant driven Bho-do car with alcohol content of about 2 km from the front of Yongsan-gu Seoul Metropolitan Government to the Southern Mapo-gu, Yeongdeungpo-gu, Seoul, with approximately 128 Mpo-gu, while under the influence of alcohol content of about 0.197%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a written statement, accident photographs, and images;

1. Statement report and investigation report on the situation of the driver at the main place (the driver at the main place).

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