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(영문) 서울북부지방법원 2018.07.05 2018고단2013

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

1. On February 28, 2018, the Defendant driven a C Karen car without obtaining a driver’s license in the section of about 7 km-ro 84km-ro 21-14 from the 84-ro, Jung-gu, Seoul to the 21-lane 9-ro, Jung-gu, the same Gu, via a road near the median-ro 84-gil 21-km-ro, the same Gu, from the 84-lane.

2. On February 28, 2018, the Defendant: (a) driven a C car under the influence of alcohol content of about 0.130% at the section of approximately 270 meters, from the front of a mutually influent restaurant in the Myeonc-dong, Seoul, Jung-gu to the front road of the same Gu-ro 84-ro 84-gil 21.21, the Defendant driven a C car under the influence of alcohol content of alcohol.

3. The Defendant is a person who is engaged in driving a car C car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

The Defendant driven the said car under the influence of alcohol content of 0.130% during the day-to-day border, such as the preceding paragraph, and led to driving the car toward the private distance of the new apartment, which is used in front of the “E driving school” located in Seoul Jung-gu, Seoul.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, under the influence of alcohol, the Defendant neglected his duty to breathly and neglected to stop at the center line by the negligence of breaking the center line, and received the Defendant’s left side of the driver’s seat of the Victim F (W, 49 years old) who was standing in the signal atmosphere from the vehicle line above the opposite part of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.