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(영문) 서울서부지방법원 2018.05.31 2018고단284
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around December 18:17, 2017, the Defendant was under the influence of alcohol leveling 0.129% from a ice parking lot, which is located in 40 Dok-ro, Yongsan-gu Seoul, Yongsan-gu, Seoul, to the Han River of approximately 1.5km, and was under the influence of alcohol leveling from approximately 1.5km to the Han River of about 495.

2. The Defendant is a person engaged in driving a halog car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On December 1, 2017, the Defendant driven the said car under the influence of alcohol level of 0.129% during blood transfusion on December 1, 2017, and led to the flow of the Han River between the Yongsan-gu Seoul and the Han River of 495, not the volume of Yongsan-gu, Seoul, and the Han River of 495, at the north bank of the Eastwest, at the north bank of the Eastwest, at a four-lane speed between the four-lanes of the East River of Do.

At the time, vehicles are at night, and there are many traffic volume in front of the road, so in such a case, the driver of the vehicle has a duty of care to ensure the safety distance to avoid when the vehicle stops on front of the road, to accurately manipulate the steering and operating the steering system, and to ensure the safe operation of the vehicle.

Nevertheless, the Defendant neglected this and did not recognize the suspension of a preceding vehicle under the influence of alcohol, and was negligent in driving the vehicle at the front section of the victim D (56 years old) with the front section of the E-city bus 751, which was driven by the victim D (56 years old).

Ultimately, the Defendant driving the said car in a state where it is difficult to drive it normally due to influence of drinking, and driving it on the part of the victim D for about two weeks, and driving it on the part of the victim F (F 65 years old) who is the passenger aboard the bus for about two weeks, and driving it on the part of the victim G (W 21 years old) who requires approximately two-day medical treatment.

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