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(영문) 서울북부지방법원 2018.07.19 2018고단1389

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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 December 20, 2017, the Defendant is under suspension of execution, when he/she was sentenced to two years of suspension of execution on April 13, 2018 due to a crime of violating the Road Traffic Act (drinking) on January 12, 2018. On April 5, 2018, the Defendant was under suspension of execution after being sentenced to two years of suspension of execution on April 13, 2018.

1. Around 00:20 on January 19, 2018, the Defendant driving a motor vehicle from the front day of the community service center located in Seongbuk-gu Seoul, Seongbuk-gu to the front day of Seongbuk-gu, Seoul, while under the influence of alcohol leveling 0.126% of alcohol level during blood at the 1km section of approximately 1km from the road in front of Seongbuk-gu Seoul.

2. Around 00:20 on January 19, 2018, the Defendant used the front road of Seongbuk-gu Seoul Metropolitan Government D on January 19, 2018 in the direction of a monthly private distance from the direction of the head.

At the time of the defendant's electric power failure to stop the G F (32) passenger car driven by the victim F (32) in the air of the signal, so in such a case, the driver had a duty of care to see the front line to the person engaged in driving service, and to prevent the accident by operating the brake properly, and to prevent the accident by operating the brake properly.

Nevertheless, the Defendant neglected this and neglected so doing so, and was in an inaccurate manner under the influence of alcohol as described in paragraph 1, and was driving with red light belts, and did not see the front part of the above frist passenger vehicle. However, the Defendant received the rear part of the above frist passenger vehicle due to negligence that failed to operate the operation of the brake properly.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injuries such as cerebral sugars that require treatment for about two weeks to the victim F, and suffered from the victim H (V, 23 tax) who flicked in the above flives car, requiring treatment for about two weeks.