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(영문) 서울남부지방법원 2017.11.16 2017고단4358
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 August 20, 2017, the Defendant violated the Road Traffic Act (drinking) on August 20, 2017, around 19:15, the Defendant driven a glurged vehicle in front of the glurg apartment located in Yangcheon-gu Seoul Metropolitan Government, Seoul, with a alcohol concentration of 0.210% in alcohol during blood, and driven a vehicle with approximately KRW 500 meters in the direction of the strong mountain distance from both strong middle schools.

2. The Defendant was under the influence of alcohol level of 0.210% at the time and place specified in paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving). At that time, the Defendant was under the influence of alcohol level of 0.210% at the same time, but at that time, DK7 passenger cars driven by the victim C (31 years old) stopped in accordance with the signals of the signal apparatus in front of the crosswalk installed on the said road.

At the time, there was a crosssection where signal lights are installed at the front of the night, and therefore, there was a duty of care to reduce the speed and to check whether there is a vehicle standing in accordance with the red signal by checking the right and the right and the right of the vehicle's driver and to prevent the accident in advance by driving safely in accordance with the traffic signals.

In addition, a person who drives a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and even if he/she takes into account the driving due to extremely inevitable circumstances, he/she shall not drive the motor vehicle under the influence of alcohol where normal driving is difficult due to influence of alcohol.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, thereby taking the victim's driver's back k7 driver's vehicle in front of the k7 driver's lurb, and thereby, caused the victim to suffer a curf, tension, etc. in need of approximately two weeks of treatment period.

Ultimately, the defendant is drinking.

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