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(영문) 서울북부지방법원 2018.11.22 2018고단4204

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

Reasons

Punishment of the crime

On September 14, 2009, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 5 million for the same crime in the same court on April 23, 2014.

The defendant is a person who is engaged in driving a Bchip car.

1. On August 16, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.150% from the 1km section from the 1km section from the Dobongsan Park, Dobong-dong, Dobong-gu, Seoul, Seoul to the front road, around 18-10, around August 16, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. On August 16, 2018, the Defendant driving the said vehicle while under the influence of alcohol level of 0.150% from blood around 23:10 on August 16, 2018, and driving the said vehicle at a speed of 0.150%, thereby driving the road of 4 lanes in front of Dobong-gu Seoul Metropolitan Government on the roads of 3-lane c in front of the Dobong-gu Seoul Metropolitan City at a ethic speed from the ethic calendar to the ethic calendar.

At night and at that time, vehicle signal apparatus was cross-sectioned, so in such a case, there was a duty of care to prevent accidents in advance by complying with vehicle signal and by accurately manipulating the steering and brakes while driving the vehicle.

Nevertheless, the Defendant neglected this and did not see the front door by disregarding the vehicle signal, and instead did not properly manipulate the steering direction and brakes, and received the rear part of the victim D(37 tax) E 124 U.S. A. 124 U.S. in the signal waiting for left-hand turn at the front part of the Defendant’s car for the left-hand turn.

Ultimately, the Defendant is driving in a state where normal driving is difficult due to the influence of drinking.