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(영문) 서울남부지방법원 2021.01.14 2020고단3433
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two 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 with B Myz B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On May 9, 2020, the Defendant, while under the influence of alcohol 0.09% in blood at around 06:36 on May 9, 202, the Defendant was driving the said car and driving the said car along a four-lane one-lane between the four-lane distance between the two-lanes to the intersection at the entrance of an expressway, which is the border.

However, since the place is where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to thoroughly see the front line and safely drive the motor vehicle with the duty of care to safely drive the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the victim C(52) who was driven in two lanes opposite to the other by the negligence of driving in the parallel beyond the center line every time, and was driven by the victim C(52 ). The part of the Dunching-to-motor vehicle in front of the said Mara T-to-motor vehicle was driven in the front part of the said Mara T-to-motor vehicle.

Ultimately, while driving a car in a state where normal driving of a car is difficult due to alcohol, the Defendant suffered from the injury of “influences and tensions”, which requires approximately two weeks of treatment by occupational negligence, to the victim.

2. On December 29, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on December 29, 2010.

【Criminal facts” around May 9, 2020: (a) around 06:36, the Defendant driven a car with B Mart B while under the influence of alcohol concentration of about 0.09% from the 10km section from the front road in Gangnam-gu Seoul Metropolitan Government to the front road in Yeongdeungpo-gu Seoul Metropolitan Government G.

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. This.

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