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(영문) 서울중앙지방법원 2019.03.06 2019고단147
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 6, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) and driven a B-port car at a section of about 15 km from the Geongnam-si Symdong to the 310-day street in Gangnam-gu, Seoul, while under the influence of alcohol with a blood alcohol concentration of 0.07%.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving B cruise automobiles

On November 6, 2018, the Defendant driven the said car while under the influence of alcohol of 0.077% as stated in the foregoing paragraph, and proceeded with the five-lane road in front of the shooting distance of the 310-gu, Seoul Special Metropolitan City Prisoners of War at the Gangnam-gu, Seoul, with the direction of the 310-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) mountain Zone (Seoul Special Metropolitan City Do 201:35) from the surface of the tunnel, which is the north

In such a case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes while maintaining the proper speed and safety distance by thoroughly emphasizing the front left and by properly operating the traffic condition of the road, the operation status of other vehicles, etc.

Nevertheless, the Defendant, while neglecting his duty of care in a state where normal driving is difficult due to the Defendant’s negligence while driving on the same side at the front section of the Defendant, was driven at the same room, and the Defendant did not try to see the Dak5 taxi operated by the victim C (Seoul, 52 years old) who was waiting in the front section of the signal route, as the front part of the Defendant’s vehicle driving, and the said cab part of the said cab is turned into the front part of the driver’s vehicle. For this reason, the Defendant was able to get the back part of the victim E (W, 26 years old) who stopped in the front section as the front part while the said cab was pushed in in the front section. On the other hand, the said thirth part was pushed in the front part of the e (W, 26 years old).

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