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(영문) 서울북부지방법원 2020.02.18 2019고단4863
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in the driving of BCA100 Obaba.

On August 3, 2019, at around 23:38, the Defendant driven the above Otoba while under the influence of alcohol with 0.203% of blood alcohol concentration, and led the intersection in front of the Seoul Southern-gu Seoul to proceed along the two-lanes from the similar distance to the Obasan tunnel.

At the time, the signal apparatus was installed at night and the crosswalk was installed. In such a case, a person engaged in the driver's duty of care to safely drive the vehicle according to the signal signals displayed by the signal apparatus installed in the front section, to ensure that the person engaged in the driver's duty of care has a duty of care to prevent the accident by driving the vehicle, to check whether there is a person who gets off the front section and the right and the right and the right and the right, and to build the crosswalk.

Nevertheless, the Defendant neglected to drive in a state where it is difficult to drive normally due to influence of drinking such as snow snow, etc. while under the influence of alcohol, and neglected to do so, and caused the signal to turn to the left by the front intersection in violation of the signal, and thereby entered the intersection as it is. Nevertheless, the Defendant got the victim D (the age of 42) who walked on the right side of the road from the left side of the direction where the matha driving by the Defendant got the victim D (the age of 42) who walked on the crosswalk from the left side of the direction where the matha driving was made into the front side of the Defendant’s driving,

Accordingly, the defendant driving the above Oral ba while it is difficult to drive normally due to the influence of drinking, and driving the above Oral ba, resulting in the injury of the victim E (the victim E (the age of 22) who was on the part of the driver's bath, which requires approximately 8 weeks of medical treatment.

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