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(영문) 서울중앙지방법원 2018.07.11 2018고단1969
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 00:40 on January 18, 2018, the Defendant was under the influence of alcohol content of 0.112% during blood transfusion, and “E” located in Gangnam-gu Seoul Metropolitan Government D’ from front of food occupation to front of the same Gu F’s road, thereby driving G K5 cars at the 1km section from the front of food occupation to the same Gu F’s road.

2. The Defendant is a person engaging in driving a vehicle G K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

At around 00:40 on January 18, 2018, the Defendant driven the said K5 car with a alcohol content of 0.112% while under the influence of alcohol around 00:0,00, and proceeded at a speed of about 40 km per hour according to the speed of about 40 km from the basin where the five-lane roads in front of Seoul Gangnam-gu Seoul Metropolitan Government are located in the station.

In such cases, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents in advance by accurately manipulating steering steering gear and brakes and safely operating them, while maintaining the proper speed and safety distance of the road traffic and other vehicles.

Nevertheless, the Defendant was negligent in failing to drive safely while neglecting his duty of care in a state where normal operation is difficult due to the Defendant’s failure to drive safely, and found late after the victim H(46) driveries at the front of the Defendant’s license, and did not avoid the back part of the said K5 vehicle, and the victim J. (M. 45 years old), which was driving by the victim J. (M. 40 years old), who was driving by the front part of the said K7 car and stopped in the front part of the said K5 vehicle due to its shock, had the front part of the said K7 car driving by the victim J. (M. 45 years old), who was driving by the front part of the said K7 passenger cars in the front part of the said K7 car in the future, and had the front part of the said passenger car in the front part as well as the front part of the said passenger car in the front part.

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