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(영문) 서울남부지방법원 2018.07.12 2018고단13

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around November 16, 2017, the Defendant violated the Road Traffic Act (drinking) driving on the roads of the Roging apartment in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with approximately KRW 700 meters from the front of the Roging apartment, which was located in 185 New Month 185, to the Hyundai Mavic-ro, Yangcheon-gu, Seoul, Nam-gu, Seoul, with approximately 0.123% alcohol concentration in blood.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the above Oral Ba while under the influence of alcohol content of 0.123% during the day-to-day period set forth in paragraph (1), driven the above Oral Ba, and proceeded with the Hyundai Movic, which is located in the south-gu Seoul Metropolitan Government Southern-ro of Yangcheon-gu

At the time, they were at night and at the crosswalks that can only be used by pedestrians, so they are safe driving of a road to prevent accidents by safely driving a motor vehicle along which they are allowed to pass, and they shall not drive a motor vehicle while under the influence of alcohol. Even if considering the driving due to extremely inevitable circumstances, there was a duty of care that would not be forced to drive a motor vehicle under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol.

Nevertheless, the Defendant’s negligence of neglecting this and driving a road along the crosswalks while driving on the crosswalks, caused the collision of the front part of the victim D's Efic-fic-fic-fic-fic-fic-fic-cat-cat crossing from the entrance intersection of the entrance of the Scientific Investigative Research Institute to the intersection of the entrance of the early intersection of the lecture month, and immediately thereafter, conflict with the front part of the victim Fic-fic-fic-fic-cat-fic-fic-cat-fic-cat-fic-fic-cat-cat-

In the end, the defendant driving a car in a state where it is difficult to drive the car normally due to the influence of drinking, and requires approximately six weeks of medical treatment to the victim D.