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(영문) 서울남부지방법원 2019.10.10 2019고단3692
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to a fine of 5 million won for a crime of violation of the Road Traffic Act at the Seoul Western District Court on September 28, 2017, and was sentenced to a suspended sentence of 10 months for the same crime in Incheon District Court on February 22, 2018, and was sentenced to a suspended sentence on March 3, 2018.

1. Around May 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B K5 automobiles under the influence of alcohol as indicated in paragraph 2 of the following 2: (a) and (b) proceeded at a speed of about 20 km in the direction of the visible basin from the direction of the fire shooting distance to the front road of the “Ycheoncheon Confucian School Station No. 8” located in Yangcheon-ro 344, Gangseo-gu, Seoul.

At the time, there were nights, and there was a signal waiting vehicle at the front door, so in such a case, there was a duty of care to safely drive the steering employee by accurately manipulating the steering gear and operating the steering gear in a way that he well sees the front door.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 31) who was waiting in the same lane on the same lane due to negligence in not operating the operation of the operation system, and was driven by the victim E(the age of 31). The Defendant was driven by the victim E(the age of 31) who was waiting in the front section due to its shock, followed by the FEX car driven by the victim E(the age of 31).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victims, such as salt dynasium, which requires approximately two weeks medical treatment.

2. The Defendant violates the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on two or more occasions, and the Defendant again violates the duty of prohibition of driving under the influence of alcohol on two or more occasions, and without obtaining a driver’s license on May 23, 2019, while under the influence of alcohol on 0.135% of the blood alcohol concentration on May 23, 2019.

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