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(영문) 서울동부지방법원 2018.10.05 2018고단2412
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

1. The Defendant is a person who is engaged in driving a C World car in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 17, 2018, the Defendant driven a motor vehicle with alcohol level of 0.169% while under the influence of alcohol level around 01:40 on March 17, 2018 without obtaining a driver's license, and driving the said motor vehicle along the four-lane road (including a bus-only lane) in front of Gwangjin-gu Seoul Special Metropolitan City (including a bus-only lane) along the four-lane in the direction of the distance of the Agsan Station in the direction of the Agsan Station, and changed the two-lane through three-lanes.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the traffic conditions on the front side and the right side.

Nevertheless, the Defendant neglected this and changed the course from the four lanes to the two lanes without operating the direction, and caused a conflict between the first two lanes and the second two lanes of the victim E(29) driving, which changed the course from the same direction to the second two lanes.

As a result, the Defendant, while driving the said package car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim E, such as salt, tensions, etc. in need of a two-day medical treatment, and injury to the victim G (35 years) who was on the said X-ray car, such as brain dynasty which requires a three-day medical treatment.

2. On March 17, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving) is running in front of a restaurant in the north of South and North Korea, 149-ro, Gangnam-gu, Gangnam-gu, Seoul, in the direction of around 01:40 on March 17, 2018.

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