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(영문) 서울중앙지방법원 2019.06.12 2019고단2049
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22 and 30, 2018, the Defendant: (a) driven a Eknif vehicle from the front of the restaurant C in Pocheon-si B with a blood alcohol concentration of 0.144% under the influence of alcohol around November 22, 2018 to the front of the road at approximately 300 meters from the same time-distance crossing to the front of the road.

2. The defendant is a person engaged in driving a car in Eknife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At around 22:30 on November 8, 2018, the Defendant driven the said car with the blood alcohol content of 0.144% while under the influence of alcohol as above 0.14%, and continued the said car with the Drack-si intersection from the on-site surface to the off-site surface at the same time.

In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering gear, brakes, etc. and safely driving the steering gear, etc. in light of the following: (a) the driver of the motor vehicle, who is engaged in driving of the motor vehicle, is at the night at night; and (b) the driver of the motor vehicle has a duty of care to prevent accidents by driving the steering gear, brakes, etc. in advance.

Nevertheless, the Defendant was negligent in driving while neglecting the above duty of care in a state where normal driving is difficult due to the negligence of driving, and caused the Defendant to view the signal lights, etc. set up on the right side of the running direction of the Defendant, and received the aforementioned signal lights as they were as they were.

Ultimately, the Defendant’s negligence in the above occupational negligence inflicted injury on the victim F.F. (ma., South Korea, age 67) who was on the top of the operation of the car in question, such as the left-hand slope sloping slopings, etc. requiring a medical treatment for about 12 weeks, on the back of the car in question, on the part of the victim G (W., age 66) who was on the back of the car in question, and on the part of the victim H. (W.) who was on the back of the car in question for about 14 weeks.

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