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(영문) 인천지방법원 2017.01.25 2016고단7319
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. On August 7, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court) and a summary order of KRW 3 million for the same crime, etc. on September 26, 2014.

On June 23, 2016, the Defendant driven Cpoter motor vehicle under the influence of alcohol content of 0.175% in blood, from the front of the French-dong Masan-dong Mansan-dong (hereinafter referred to as the “Mansan-dong”), to the front of the 46 South Mansan-dong Mansan-ro (hereinafter referred to as the “Mansan-dong Mansan-dong”), with the alcohol content of 0.175% in an insular section.

2. The Defendant is a person who is engaged in driving a vehicle C with a specific driver’s license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 23, 2016, the Defendant driven the above car around 08:30, and changed the lane from the first lane to the second lane on the road in front of the Southern C&L 46 located in Yongsan-gu, Seoul Special Metropolitan City.

In such cases, a person engaged in driving service has a duty of care to safely change the vehicle line by examining whether there is another vehicle on the way to proceed.

Nevertheless, as described in the above paragraph 1, the driver neglected this and changed the car line without properly examining the direction of the driving in the situation where normal driving is difficult, and the part of the driver's seat of the ra-car driven by the victim D (24 years old) who was going on the two-lanes, was shocked by the car of the above defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

3. The defendant in violation of the Guarantee of Automobile Compensation for Damages is the owner of a vehicle Cteher and the motor vehicle which is not covered by mandatory insurance shall not be operated on the road;

Nevertheless, the defendant did not subscribe to mandatory insurance at the time and place mentioned above 1.

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