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(영문) 서울중앙지방법원 2018.06.29 2017고단8085
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 11, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws at the Seoul Northern District Court on September 11, 2008. On March 25, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws (drinking) at the Jung-gu District Court Goyang Branch.

[Criminal facts] The Defendant is a person who is engaged in driving a rocketing car.

On September 17, 2017, the Defendant driven a rocketing car with a alcohol content of 0.120% during blood at around 20:30, while driving it in the influence of alcohol, and driving a seven-lane road in Gangnam-gu Seoul Metropolitan Government along the two-lane in the direction of Gyeonggi-do in the direction of Gyeonggi-do at the south of the Bridge, and changed the two-lanes into three-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by operating a direction, etc. in advance, giving prior notice of change of course, and changing a lane safely in the situation of traffic before and after the time.

Nevertheless, the Defendant neglected this and changed the lane by driving the rocketing car without due care in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as knee, knee, knee, knee, knee, etc., which requires the victim's treatment for about three weeks in front of the right side of the rocketing car.

As a result, the Defendant had committed a crime of violation of the Road Traffic Act (drinking) not less than twice, but was driving under the influence of alcohol or drugs, and caused the injury of the person.

Summary of Evidence

1. The defendant's partial statement

1. The witness F and the H respective legal statements;

1. Comprehensive account of the developments leading up to the occurrence of a traffic accident, Defendant’s behavior after the occurrence of the accident, etc.

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