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(영문) 서울중앙지방법원 2019.06.13 2019고단1391

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is a person engaging in driving a rocketing car.

1. On February 3, 2019, the Defendant operated the said vehicle without obtaining a driving license from the parking lot of the Defendant company located in Songpa-gu Seoul Metropolitan Government to approximately 9km from the 9km section to the front road of Seocho-gu Seoul Seocho-gu without obtaining a driving license with a blood alcohol concentration of 0.135% from the 9km section.

2. On February 3, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said rocketing car under the influence of alcohol concentration of 0.135% in blood on the front side of Seocho-gu Seoul Metropolitan Government, and proceeded at a speed of 60km per hour between two lanes in the direction of the Seoul death distance, from the direction of the Seoul death distance.

At the time, since it takes place at night and at the same time, the signal was installed, there was a duty of care to thoroughly operate the driver in the front-time and safely in accordance with the new code.

Nevertheless, in the process of exceeding the speed limit, the Defendant neglected to care to see the cell phone from the beginning of the vehicle in order to drive the cell phone, and neglected to do so. Although the cell phone was in the aftermath, the Defendant did not recognize the vehicle that was stopped by red signal while it was difficult to drive normally due to the sudden signal while under the influence of alcohol, due to the negligence of driving the vehicle without speed, the Defendant followed the falmat vehicle of the victim E(43 years old) who was waiting at the same lane according to red signal in the same lane, and got the part of the driver's vehicle in front of the rocketing car in which the Defendant driven, and caused the above Alma car to be pushed back by the victim(65 years old).

The Defendant’s negligence in business and negligence to the victim E who has driven the above Almata vehicle.