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(영문) 서울서부지방법원 2019.02.14 2018고단4085

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

On December 17, 2015, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on December 17, 2015, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Seoul East District Court on September 30, 2016.

The defendant is a person who is engaged in driving a K5-car.

1. On October 19, 2018, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) was under the influence of alcohol concentration of 0.185% at a D cafeteria parking lot located in Eunpyeong-gu Seoul Metropolitan Government, and continued to drive the said K5 vehicle at a speed of which it is impossible to identify and know.

At the time, there are many vehicles parked at night and there are many people, and dynad's parking lots, so the driver has a duty of care to prevent accidents in advance by properly operating the front, rear and right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant, while neglecting this, was parked in the rear bank due to negligence of not operating the operation of the operation system properly, received the back part of the FST5 car on board the victim E (hereinafter referred to as 42 years old) as the back part of the said K5 car.

Ultimately, the Defendant driven the said K5 vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury, such as light salt, which requires medical treatment for about 10 days, to the victim.

2. Around 19:00 on October 1, 2018, the Defendant driven the said K5 vehicle while under the influence of alcohol for about 0.185% of the blood alcohol concentration in the section of approximately 10m of a 10-meter parking lot in front of Eunpyeong-gu Seoul, Seoul.

As a result, the Defendant violated the prohibition of drinking driving at least twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

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