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(영문) 서울남부지방법원 2019.03.26 2018고단6256

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

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

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving at around 06:45, Sept. 25, 2018, while under the influence of alcohol concentration of 0.18%, while driving BPD125 Oba, and driving three-lanes in the direction of old-gu Seoul Guro-gu Seoul Metropolitan Government roads from the long-distance flood control area to open the roads.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, shall not drive the steering gear, brakes and other devices of the motor vehicle accurately, shall not drive a motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to make sure that the traffic situation is well reported and safely prevents accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, did not properly operate the steering gear and operation of the steering gear in a manner of occupational negligence, led to the road bordering on the right side of the driving direction to the right side of the Defendant.

After all, the defendant was injured by the victim D (the age of 17) who was on the back seat of the defendant's driver's vehicle while driving a motor vehicle under the influence of alcohol that it is difficult to drive normally due to the influence of alcohol, such as knee open knee, etc. requiring treatment for about two weeks.

2. On November 26, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Northern District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on March 5, 2014, from the Seoul Northern District Court to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act, respectively.

Nevertheless, the Defendant, while under the influence of alcohol around 06:45 on September 25, 2018, around 06:18% of the blood alcohol concentration, approximately 2 km from the front of Guro-gu Seoul to the front of the Seoul Metropolitan Government F building.