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(영문) 서울서부지방법원 2017.11.30 2017고단2740
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

[criminal history] On August 28, 2006, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 28, 2006; on November 5, 2007, the Seoul Southern District Court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving under drinking), on December 12, 2013; on March 14, 2014, the summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving under drinking), and on March 14, 2014, the Incheon District Court issued a summary order of KRW 5,00,00 as a fine for a violation of the Road Traffic Act (driving under drinking).

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle with C low-priced typ.

1. On July 30, 2017, the Defendant was driving a motor vehicle with a blood alcohol concentration of about 0.120% from a section of about 18km to the front of the Seoul Yangcheon-si, a non-exclusive restaurant located in Seocheon-si, Seocheon-si, Seoul, without a driver’s license.

2. On July 30, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driving a motor vehicle with the above low-speed 0.120% alcohol concentration in blood around July 30, 2017, driving a motor vehicle with the above low-speed clock in the state of alcohol concentration 0.120%, and driving the front road of Yangcheon-gu Seoul Metropolitan City along the two-lanes between the two-lanes of the front-dong juvenile training zone from the shooting distance of Hongk Hospital.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so, as stated in paragraph 1, and went through without examining the breath and right and the right and the right and the right and the part of the back part of the victim E (55 years old) waiting in the two-lane road, which the Defendant driven by the victim E (55 years old) of the said passenger vehicle, as the front part of the said vehicle.

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