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(영문) 서울동부지방법원 2020.09.17 2020고단1846
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2020, the Defendant was issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

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 car in BNAS.

On May 2, 2020, the Defendant was under the influence of 0.158% of blood alcohol concentration on May 10, 2020, and the Defendant driven the said NAscoo car with the foregoing 0.158% of alcohol concentration, and was stopped for the signal signal while driving the said NAscoo car on the roads of seven lanes in front of Gangdong-gu Seoul Metropolitan Government toward the four-lane from the ecological park shooting distance.

There are seven-lanes of roads, and there are other vehicles waiting for signal signal at that time, so in such a case, there was a duty of care to avoid moving on the road in a case where it is apprehended to interfere with the normal passage of other automobiles.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was driven by the victim E (the age of 43) who was stopped for traffic signal atmosphere at the right side of the same lane of the Defendant at the time off the same lane of the Defendant, and the front part of the F Kaol car driven by the Defendant was under the influence of the Defendant.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult to drive the motor vehicle normally, and caused the injury to the victim, such as the pipe and tension of the parts of the trees of which the detailed information is unknown, for about two weeks.

2. Around 10:03 on May 2, 2020, the Defendant driven a motor vehicle in the NAscoo coo in the state of under the influence of alcohol of about 0.158% of alcohol concentration from the 4km section around H Hospital located in Gangdong-gu Seoul Metropolitan Government to the front road of Gangdong-gu Seoul Metropolitan Government.

In this respect, the defendant is prohibited from drinking.

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