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(영문) 서울남부지방법원 2018.01.25 2017고단5628

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2017, the Defendant was under the influence of alcohol level of 0.218% from blood alcohol level on August 26, 2017, the Defendant driven a Drad vehicle at the 1km section from the 1k-21 New-ro, Guro-gu, Seoul, to the Hanwon-ro, Seoul, the front side of the 17-21 New-ro, to the Hanwon-ro, located in the same Gu B.

2. The Defendant is a person who is engaged in driving a motor vehicle with a drum in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 26, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.218% among blood transfusions on August 26, 2017, and led to the driving of the said car along the three-lanes between the five-lanes of the Hanwon road in Guro-gu Seoul Metropolitan Government from the erogate of the new road to the erogate.

Since there is an intersection where signal lights are installed, the driver has a duty of care to accurately operate the steering and steering gear for the person engaged in driving service and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive normally due to the influence of alcohol, such as drinking, while driving in a state where it is difficult for the Defendant to drive normally, due to the negligence of the Defendant, and led the Defendant to take the back part of the E-driving F 125cc U. c. c., which was in the atmosphere of the signal at the front side of the car of the Defendant, by driving the Defendant’s vehicle, into the front part of the Defendant’s vehicle and let the Defendant G (27 years old) where the Defendant was driving on the rear left part of the Defendant’s vehicle, thereby passing two-lanes of the above victim’s head.

H Driving was faced with I SM6 SM6 Sclers.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim G, such as salt pans, tensions, etc. requiring approximately two weeks medical treatment.

3. On August 26, 2017, the Defendant interfered with the performance of official duties is a criminal fact, such as paragraphs 1 and 2, at the Guro-gu Seoul Police Station, Guro-ro, 235, Guro-ro around 02:27.