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(영문) 서울서부지방법원 2020.02.06 2019고단3812
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

【Criminal Power】 On September 27, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 19, 2017, the Seoul East East District Court received a summary order of KRW 5 million for the same crime.

【Criminal Facts】

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

On September 14, 2019, the Defendant driven the said car while under the influence of alcohol of 0.137% of blood alcohol level on September 15, 2019, while driving the said car, and driving the road of four-lanes in front of Yongsan-gu Seoul Metropolitan City along the two-lanes from a long distance to the south area, and driving the road of 1-lanes in front of Yongsan-gu Seoul.

Since the white solid lines prohibiting the change of lanes are marked at that place, in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle without changing the lanes in accordance with the safety signs of the white solid lines.

Nevertheless, the defendant neglected his/her duty under the influence of alcohol and changed his/her own lane from a two-lane to a two-lane to a right-hand left-hand lane in violation of the white-down safety mark, and caused the victim to go beyond the center in the process of driving the E-motor bicycle in the victim D(22 years old) driving along the two-lane.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. On September 14, 2019, the Defendant violated the Road Traffic Act (driving) at around 15:00, the Defendant was under the influence of alcohol at around 3km from the front of Yongsan-gu Seoul, Yongsan-gu to the front of the same day at around 15:12, to the front of the same day, and at around 0.137% of blood alcohol concentration.

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