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(영문) 서울남부지방법원 2017.08.17 2017고단2288

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 29, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and a summary order of KRW 2 million for the same crime at the same court on April 27, 2011.

[Criminal facts]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) on April 28, 2017, the Defendant driven a vehicle with C highest typ in a state that it is difficult to drive the vehicle normally due to the influence of alcohol that reaches 0.106% of alcohol during blood transfusion on April 28, 2017, and driven the said road from the floor of the Seoul Metropolitan Government to the floor of the EL in the 56th degree as determined by Yeongdeungpo-gu Seoul Metropolitan Government.

Since it is an intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the signal apparatus according to the signals of the signal apparatus.

Nevertheless, the Defendant neglected the foregoing and neglected to use the breath signal, thereby making it difficult for the Defendant to use the front part of the victim D(57) driving to turn to the left from the back of the breath of Seoul to the front part of the car at the right right side of the Defendant’s driving, which was the front part of the victim D(57 Do) driving to turn to the left from the back of the breath of Seoul.

Ultimately, the Defendant suffered, by negligence in the course of driving a motor vehicle in violation of a signal while normal driving is difficult due to the above influence of alcohol, injury such as a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c

2. On April 28, 2017, the Defendant violated the Road Traffic Act (drinking) at around 00:20 on the road, but at around 200 meters from the front of the financial investment road to the above road as determined by the leisure in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.