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(영문) 서울남부지방법원 2020.05.26 2019고단6775
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

【Criminal Power】 On November 22, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant is a person engaging in driving a rocketing vehicle B in violation of the Punishment of Specific Crimes Aggravated Punishment Act (Bodily Injury resulting from Dangerous Driving).

On October 5, 2019, at around 21:37, the Defendant driven the above vehicle while under the influence of alcohol of 0.132% of blood alcohol concentration, and made the left turn turn at the right turn at the one-lane of the 11-gil road, Guro-gu Seoul Metropolitan Government, along the new road, from C apartment bank to D apartment crossing.

At the same time, since the signal apparatus was installed, there was a duty of care to safely turn to the left according to the traffic signal to the driver of the vehicle.

Nevertheless, the Defendant divided into several driving conditions due to influence of drinking, and the walking condition is difficult to drive normally, such as a little big distance. While the vehicle signal has been changed to a stop signal, the Defendant’s failure to turn to the left by reason of violating the signal, and the Defendant’s course direction led from the left side to the left side of the victim E (60 years old) driving or the left part of the other vehicle, which was straighted by normal signal, to the front part of the Defendant’s vehicle, and caused the collision with the victim’s G (53 years old) driving, which proceeded two-lanes in the same direction, where he discovered that the victim E’s sub-motor vehicle is pushed down to the right side of the vehicle.

Ultimately, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, the Defendant suffered injury to the victim E, the victim G, and the victim I (the 48-year old-age-old person) for about two weeks in need of medical treatment.

2. The Defendant is driving under the influence of alcohol as above.

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