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(영문) 서울남부지방법원 2017.01.19 2016고단5450
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 October 13, 2016, the Defendant violated the Road Traffic Act (breathing) driven a C-cracking car under the influence of alcohol of about 0.256% of alcohol content from a section of about 300 meters from the roads near the Youngpo Station located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul to the front roads in Seoul, Yeongdeungpo-gu.

2. The Defendant is a person who is engaged in the operation of a cruise car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 13, 2016, the Defendant driven the above car at around 00:45, and driven the front road of Yeongdeungpo-gu Seoul Metropolitan Government B along the alcohol concentration of 0.256% under the influence of alcohol while blood, the Defendant proceeded along the two-lanes between four-lanes from the surface of Yeongdeungpo-gu Art. 4 to the intersection of Yeongdeungpo-gu Art. 4.

At the time, there is a night and a signal at a place, so that the driver of the motor vehicle is in front of the intersection where the signal is installed, so the driver of the motor vehicle has a duty of care to safely drive the front door, the left and left well, and to prevent the accident from being driven in advance and to stop driving the motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to do so and did not properly look at whether a passenger is in the atmosphere of a signal signal in the front bank while under the influence of alcohol, and driven by the victim D (W, B, 27 years old) who is in the atmosphere of the signal at the two-lanes in the front bank, and received the back portion of the G FD car boarding the victim E (31 years old) and the victim F (33 years old) as the front portion of the Defendant’s passenger car.

Ultimately, the Defendant driving the said car in a state where it is difficult to drive it normally due to influence of drinking, and driving it to the victim D, and driving it on the right shoulder and hand knife, etc., requiring a two-day medical treatment, and driving it on the part of the victim E, and driving it on the part of the victim F, requiring a two-day medical treatment.

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