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(영문) 서울서부지방법원 2018.02.22 2017고단2499
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Power of crime] On September 17, 2013, the Defendant was issued a summary order of KRW 5,00,000 by the Seoul Southern District Court as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violation of Road Traffic Act (driving of alcohol). On January 5, 2016, the Defendant was issued a summary order of KRW 3,00,000 as a crime of violation of Road Traffic Act (driving of alcohol) by the Incheon District Court.

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle with CMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 30, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% among blood transfusions on July 30, 2017, and proceeded at the speed of about 103 km in time according to the speed of about 103 km, depending on the direction of the five-lane in Yongsan-gu Seoul, Nowon-gu, Seoul.

Since there are many vehicles that combine with four lanes on a five-lane road, a person engaged in driving of a motor vehicle has a duty of care to make sure that the person engaged in driving of the motor vehicle has a duty of care to reduce speed and safely proceed according to traffic conditions by accurately operating the front, rear and left, and the right and the right of the motor vehicle.

Nevertheless, the Defendant, under the influence of drinking, has a very red face, cross-lighted a tag. The Defendant, while driving at a speed exceeding 23 km per hour, the speed of 80 kilometers per hour, which is the Do road under the restriction, while driving at a speed exceeding 23 km per hour, such as the string distance, was led to the victim D (32 ) who changed the course from five lanes in the last five lane to four lanes in the last one of the E QM3 car driven by the Defendant, without putting the front door properly.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and let the victim D receive an injury, such as the closure of a non-furnal so that it is necessary to treat the victim for about three weeks, and the victim F (n, 33 years old) who was accompanied by the damaged vehicle.

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