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(영문) 서울북부지방법원 2018.08.16 2018고단2573
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 13, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and KRW 4 million for the same crime at the same court on March 23, 2018, respectively.

The defendant is a person who is engaged in driving a B car rental car.

On April 29, 2018, the Defendant driven the said car under the influence of 0.123% alcohol during blood alcohol without obtaining a driver's license on April 18, 2018, and led the Defendant to drive the said car along the same three-lanes between the four-lanes of the 283 Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon-gu Police Station in front of the 283 Nowon-gu Police Station in the front of the 283 Nowon-gu in Seoul Special Metropolitan City.

There was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle by checking well the right and the right of the driver.

Nevertheless, the Defendant: (a) was drunkly driven by the victim C(41) (S) who was parked in the signal air in the direction of the course in which it is difficult for the Defendant to drive the vehicle as above; (b) was driven by the victim C(S) who was driven by the signal air in the direction of the course; (c) did not avoid the vehicle; and (d) suffered injury to the victim, who was driven by the said car rental car, due to the victim’s being driven by the said car rental car for about two weeks in an open space where treatment is required for approximately two weeks of treatment; and (d) suffered injury to the victim E (V, 40 years of age), who was on the same part of the passenger, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The motor vehicle driver's license ledger to the defendant;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Formal concurrences and choice of punishment;

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