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(영문) 서울남부지방법원 2017.03.16 2016고단5061
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

"2016 Highest 5061"

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

On August 14, 2016, the Defendant was under the influence of alcohol level 0.181% in blood at around 03:15, while driving the said car as his duties, and was driving on a three-lane road in front of the Seoul Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant stopped on the signal atmosphere by one-lane away from the new e-distance outflow.

After the defendant's vehicle at the time, H rocketing taxi driven by the victim G (40 S) stops according to the defendant's vehicle. In such a case, the driver had a duty of care to look at the front and rear side and to prevent the accident by accurately manipulating the brake system.

Nevertheless, the Defendant neglected to perform his duty of care in a situation where normal driving is difficult under the influence of alcohol as seen above and was negligent in neglecting his duty of care and thereby taking the part of the victim G car back to the lower part of the Defendant G car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim G, such as a fluoral dume, which requires approximately two weeks of medical treatment.

2. Violation of traffic laws on roads, and violation of traffic laws on roads;

A. The Defendant, at the underground parking lot located at 261, the center of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the intersection of the new scar in Yangcheon-gu, Yangcheon-gu, Seoul, without obtaining a driver’s license from approximately 200 meters in the section of about 200 meters, while under the influence of alcohol content of 0.181% in blood.

B. On July 3, 2016, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on July 3, 2016, and was driving under the influence of alcohol on August 14, 2016.

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