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(영문) 서울동부지방법원 2021.01.25 2020고단3157
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

1. The Defendant is a person who is engaged in driving a motor vehicle B with the highest speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 15, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.170% during blood transfusion around 23:40 on August 15, 2020, and led to a two-lane road in front of Songpa-gu Seoul Metropolitan City along the direction of the river basin in the mouth of the river basin.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, due to such influence of alcohol as above, the victim D(50) driving on the front bank due to the negligence of operation due to the negligence of neglecting the front bank in the situation where normal driving is difficult due to the influence of alcohol, and received the part behind the left side of the motor vehicle of the victim D(50) driving on the front side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On May 28, 2010, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (driving in Drinking) in the support of drinking water sources by a person who was in charge of driving a water source method, and on February 3, 2016, the Defendant was sentenced to a fine of KRW 7,00,000 as a fine for the same crime, etc. in the support of drinking water sources and the gender south.

At the time of the day set forth in paragraph 1, the Defendant driven the above low-speed car in the state of alcohol of about 500 meters alcohol concentration from the vicinity of Gangdong-gu Seoul to the front road of Songpa-gu Seoul.

Accordingly, the defendant is not less than twice a provision prohibiting driving under the influence of alcohol.

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