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(영문) 서울서부지방법원 2018.12.20 2018고단3481

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 July 16, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 16, 2013, and was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on March 12, 2015.

1. The Defendant is a person engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 22, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.169% in blood, and driven the above vehicle at a level of alcohol level of 0.169% in Yongsan-gu Seoul, Yongsan-gu, Seoul, with two lanes near the three-lane in front of the Fungdong community center located in Yongsan-gu, Seoul, Yongsan-gu, Seoul, according to one lane from the boundary of the Fungdong Park, and stopped in accordance with the motor vehicle stop signals.

In this case, the driver of a motor vehicle has a duty of care to take a well-time traffic situation and signal on the front side, and to accurately operate the steering and brakes so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle in the future while the vehicle is a stop signal due to the influence of alcohol, such as a breath, a string, walking, etc., and was driven by the victim C(60 ) who was stopped under the heading of the vehicle stop on the front of the vehicle of the Defendant at the time when the Defendant was driven by the victim C(60 ) who was stopped under the heading on the front of the vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., in need of medical treatment for about two weeks.

2. Defendant 1 violated the Road Traffic Act (drinking driving) has violated the provision prohibiting drinking twice or more as above, and such violation takes place from the 69th day of Yongsan-gu Seoul, Yongsan-gu to the 161st day of Yongsan-gu, Yongsan-gu, Seoul.