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(영문) 서울북부지방법원 2018.10.11 2018고단3242
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

The Defendant was sentenced to a fine of KRW 2.5 million in the Seoul Northern District Court on February 3, 2010 for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million in the same court on November 1, 201 for the same crime.

1. On July 20, 2018, the Defendant: (a) driven a Cone Star Co., Ltd. under the influence of alcohol leveling 0.125% from the 2km section of the blood alcohol level to the front road of the new elementary school in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 109, 27, around 00:10 on July 20, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

2. The Defendant is a person who is engaged in driving a car with Cone Star Co., Ltd. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 20, 2018, the Defendant driven the above mar while under the influence of 0.125% alcohol during blood alcohol during the influence of around 00:10 on July 20, 2018, and led to the road of one lane in front of the new elementary school in Seoul Special Metropolitan City, Nowon-gu, 109, 27, at a speed of about 40 km from the back of the set-off line to the intersection.

At the time, it was the intersection where the center line of the yellow real line is installed. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and operating the steering system according to one's own lane while driving the driver.

Nevertheless, the Defendant neglected this and did not see the front side by drinking, and instead did not properly manipulate the steering direction and brakes, and went along the opposite opposite lane due to the negligence of the centering the center line, without properly manipulating the steering direction and brakes, and the victim D (V, 24 years old), E. E. E. E. E. E. E. E., the left side side of the motor vehicle driving was followed by the front side of the passenger knife.

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