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(영문) 서울중앙지방법원 2020.08.28 2020고단5214
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 25, 2014, the Defendant was issued a summary order of KRW 2 million by the Seoul Western District Court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

1. The defendant is a person who is engaged in driving of B coaches or vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 25, 2020, the Defendant driven the above vehicle while under the influence of alcohol of approximately 0.186% of blood alcohol concentration around 03:48 on June 25, 2020, and driven the one-way traffic road near Jongno-gu Seoul Metropolitan Government at a speed that the audience 6 of the Cheongcheon-gu is unable to know from the luxical 3 to the luxical 7.

At the time, there was a new wall at the time, and the road that the defendant drives was a one-way road, so in such a case, the driver had a duty of care to live well on the front side and the left side, and to prevent the accident in advance by safely driving according to the traffic safety sign.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the one-way road while driving on the front side of the Defendant, and received the left side of the victim D (ma, 62 years old) who was standing on the front side of the Defendant’s vehicle.

After all, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the above victim E (V, 59 years old) who was on board the same vehicle for about two weeks without an open head room for medical treatment for about two weeks, and suffered injury to the brain-dead sugar, etc. in which there is no head room for medical treatment within the same vehicle for about two weeks.

2. Around 03:48 on June 25, 2020, the Defendant driven B coaches or vehicles while under the influence of alcohol with approximately 0.186% of alcohol concentration from the vicinity of Jongno-gu Seoul Metropolitan Government to the roads adjacent to the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

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