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(영문) 서울남부지방법원 2019.10.10 2019고단3686
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

On December 29, 2006, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court, on September 26, 2008, a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court, and on February 13, 2009, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court.

1. 특정범죄가중처벌등에관한법률위반(위험운전치상) 피고인은 B 제네시스 승용차의 운전업무에 종사하는 자로서, 2019. 5. 21. 21:00경 아래 2.항과 같이 술에 취해 말을 더듬거리고 걸음이 비틀거릴 정도의 정상적인 운전이 곤란한 상태에서 위 승용차를 운전하여 서울 영등포구 C상가 앞 편도 5차로 중 5차로를 샛강역 방면에서 여의도역 교차로 방향으로 진행하게 되었다.

At the time, the Defendant: (a) was waiting for a parked vehicle while signaling to the front door; (b) thus, the Defendant had a duty of care to safely proceed by sending the signal by a horn, etc. according to the road condition, by a person engaged in driving service.

Nevertheless, the Defendant, without neglecting the above duty of care, went to the left-hand part of the E Launa car driven by the victim D(the age of 67) who was waiting for a signal at that place due to the negligence of overtake, and brought the panion to the front-hand part of the said car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as dump dump, tension, etc. for about two weeks.

2. The Defendant is a person who violates the duty of prohibition of driving under the influence of alcohol twice or more as seen above, and once again, is under the influence of alcohol by 0.123% of the blood alcohol concentration around May 21, 2019.

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