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(영문) 서울서부지방법원 2017.11.23 2017고단2923

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method, on November 25, 2015, and was punished for a crime of violating the Road Traffic Act (drinking driving) on at least two occasions after receiving a summary order of KRW 7 million for the same crime in the support for the development of a water source method, and on December 8, 2015, the Defendant was punished for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts]

1. On August 28, 2017, the Defendant driven D K5 cars under the influence of alcohol content 0.171% at a section of about 1km from the front of sobing sobing to the front road of the gas station located in the same Gu C, located in the same Gu B, of Eunpyeong-gu Seoul, around August 28, 2017.

2. The Defendant is a person who is engaged in driving a DK5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 28, 2017, the Defendant driven the said K5 vehicle with a alcohol content of 0.171% in blood around 07:25, while under the influence of alcohol on August 28, 2017, and continued two lanes in front of the C oil station in Eunpyeong-gu Seoul Metropolitan Government with a green translation from the non-wide area to the green translation area.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and continued to drive under the influence of alcohol as in paragraph 1, as well as the Defendant’s negligence, and received a part of the back part of the instant K5 vehicle in the front of the said K5 vehicle, where the victim E ( South, 52 years old) who was parked in the traffic signal atmosphere at the two-lane front side of the traffic signal.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and by negligence negligence, caused the victim to suffer approximately two weeks of medical treatment.