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(영문) 서울남부지방법원 2019.07.23 2018고단3549

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 00:40 on June 1, 2018, the Defendant driven a DNA cruise car under the influence of alcohol content of 0.237% without a driver’s license at a section of approximately 0.8km from the front of Guro-gu Seoul Metropolitan Government to the front of Guro-gu Seoul Metropolitan Government.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaged in driving aD cruise car.

Defendant

6. On 00:40 on 00: (a) around 00:40, the foregoing, while under the influence of alcohol, the above vehicle was driven in a state where it is difficult to drive normally due to the influence of drinking, such as a small distance and face color, and the two-lane road in front of Guro-gu Seoul Metropolitan Government was driven at a speed of about 40km per hour from the sloping basin to the sloping slope of the error.

At the time, the vehicle is at night and there are many flows of vehicles, so in such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle, such as making a good report on the situation of anti-traffic, accurately manipulating the steering system, etc.

Nevertheless, the defendant's failure to look at the front side of the vehicle in a situation where normal driving is difficult due to influence of drinking, and the defendant's failure to take a proper look at the front side of the vehicle and led to the left side of the Fpoter cargo owned by the victim E, which is parked on the right side of the vehicle of the defendant, to turn the front side of the vehicle of the defendant.

As a result, the Defendant suffered from the victim G (V, 25 years of age) who was on board the front wheel of the Defendant’s vehicle due to the influence of drinking, due to the above occupational negligence, for about three weeks of medical treatment, and at the same time, there is approximately KRW 4,159,468 of the repair cost estimate, such as exchange of Poter Cargo E, which is owned by the victim E.