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(영문) 서울중앙지방법원 2018.04.26 2017고단8717

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

1. On May 19, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act by a fine of KRW 1 million due to a violation of the Road Traffic Act in the support of the Sungnam branch of the Suwon District Court on May 19, 2008, and on November 4, 201, a summary order of KRW 2 million for a violation of the Road Traffic Act was issued on the ground of a violation of the Road Traffic Act in the original branch of the Chuncheon District Court on November 4, 2011, respectively. On June 5, 2012, the Defendant was sentenced to a summary order of KRW 20 million for a suspended sentence of six months for a violation of the Road Traffic Act (drinking) at the original branch of the Chuncheon District Court on January 10, 2013, respectively. < Amended by Act No. 11873, Jun. 5, 2012>

On October 26, 2017, around 11:10 on October 26, 2017, the Defendant driven an Eflat-house car under the influence of alcohol concentration of 0.162% in blood in the section of approximately 19k from the vicinity of Gangseo-gu Seoul Metropolitan Government Gangseo-gu Office to the Seoul Gangnam-gu Seoul Dampim.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and once again driven the said car while under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. The defendant is a person engaging in driving service of the said car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

Defendant 1 operated the said car while under the influence of alcohol as above at the time of the above day and moved the four-lane road into the Do 4-lane as in the Seoul Gangnam-gu Seoul Special Metropolitan City D's Olympic Winter Games into the knives of the Kimpo Airport, and the course was changed to the four-lane.

At the same time, other vehicles were in progress, so in such cases, when there is a concern about hampering the normal passage of other vehicles running in the direction of changing the vehicle, the course shall not be changed, and there was a duty of care to change the lanes safely by making the traffic situation of the front and rear right and right well-being.

Nevertheless, the defendant is in an incorrect and pedestrian state under the influence of alcohol.