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(영문) 서울동부지방법원 2019.06.19 2019고단1233
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

Imprisonment shall be executed for two years from the date the judgment becomes final and conclusive.

Reasons

Criminal facts

On January 2, 2012, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Northern District Court on January 2, 2012, and a fine of two million won for the same crime at the same court on January 20, 2016.

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 passenger car B lowest

On March 21, 2019, at around 00:27, the Defendant driven the said car with a blood alcohol concentration of 0.216% 0,000, and led the Defendant to drive the said car along three-lanes of five lanes between the two-lanes, namely, Seoul Special Metropolitan City, the 655 (Jak 4-dong) Ajsan Station No. 1, as Seoul Special Metropolitan City Gwangjin-gu, along with a three-lanes from the shooting distance of the Ajsan Station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle, such as driving the motor vehicle in front and rear, thoroughly viewing the side and side, and accurately operating steering devices and brakes.

Nevertheless, the Defendant was negligent in driving his vehicle under the influence of drinking, and due to the negligence that the Defendant neglected to drive the vehicle to the right side without neglecting it in a situation where it is difficult to drive under normal conditions, such as gral blood, and due to the negligence that he was driving the vehicle to the right side of the victim C(60 years old) who was driving on a four-lane, and received the back portion of the rocketing taxi vehicle in front of the Defendant’s driver’s vehicle.

As a result, the Defendant suffered injury by negligence in the course of performing duties, such as cutting down the pipe and tension of the part in which the victim is in need of approximately two weeks of treatment, and the part in which the details are unknown.

2. The Defendant violated the Road Traffic Act (driving) at least twice, and driven the said car from the street of Gangdong-gu Seoul Metropolitan Government to the accident site, while under the influence of alcohol 0.216% of the above temporary light alcohol level, while driving the said car at approximately 3km from the street of Gangdong-gu to the accident site.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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