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(영문) 서울남부지방법원 2020.12.15 2020고단2705
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 March 9, 2017, the Defendant issued a summary order of a fine of KRW 4 million at the Seoul Southern District Court due to a violation of the Road Traffic Act.

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On May 14, 2020, at around 00:47, the Defendant driven the front road of Guro-gu Seoul Metropolitan Government with a blood alcohol concentration of 0.167%, and started three-lanes from the surface of the city to the surface of the dump, as the city interest rate, from May 14, 2020.

In such cases, there was a duty of care to prevent accidents by accurately manipulating the steering gear and brakes with the driver's duty of care.

Nevertheless, the Defendant started without checking the distance from the vehicle stopped on the front side due to the influence of alcohol with an inaccurate, unbrest, and red and without checking the normal distance from the vehicle stopped on the front side of the Defendant’s vehicle, and received a part behind the left side of the Fbenz car driven by the victim E (ma, 40 years old) who was stopped on the front side of the Defendant’s vehicle.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the above influence of drinking, and suffered injuries to the Defendant’s base and tension in need of two weeks’ medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a temporary border, such as Paragraph 1, while under the influence of alcohol of approximately 2.7 km from the front of Guro-gu Seoul Metropolitan City to the front of the Seoul Gwanak-gu Seoul Special Metropolitan City Gro, with the blood alcohol concentration of at least 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. The report on the actual condition of traffic accidents, the report on the occurrence of traffic accidents, the photograph of the accident vehicle, the report on the actual condition of the driver, and the report;

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