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(영문) 서울중앙지방법원 2020.02.14 2019고단7650
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

On December 5, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

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 franchise;

On September 15, 2019, the Defendant driven the above car on September 19:17, 2019, and led to the passage of the road in front of the distribution ICT near the Seoul Seocho-ro 67-ro 34, Seocho-gu, Seoul, to the Seocho-gu At the seat of the distribution ICT.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front door and left door well, and accurately operating brakes.

Nevertheless, when the Defendant was negligent in neglecting the duty of Jeonju City and failure to accurately operate the brake system under the influence of alcohol, the part of the back part of the DNA car driven driven by the victim C (Y, 52 years old) prior to the Defendant’s vehicle was driven by the Defendant’s vehicle as the front part.

As a result, the Defendant suffered injury to the victim, such as the cutting of a peltos and the closing of a peltos which require approximately three weeks of medical treatment due to such occupational negligence.

As a result, the defendant was injured by driving a franchise-low vehicle in a situation where normal driving is difficult due to the influence of drinking.

2. On September 15, 2019, the Defendant was driving a B-low vehicle under the influence of alcohol of about 0.4% of blood alcohol concentration at the section of about 10km from the front of the Seocho-gu Seoul E-distance to the front of the F-ro 67-ro 34, Seocho-gu, Seoul F-ro 67-ro 34, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. C.

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