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(영문) 서울중앙지방법원 2018.04.25 2018고단1261
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

On February 1, 2013, the Defendant: (a) on February 1, 2013, was punished by a fine of KRW 4 million due to a violation of Road Traffic Act (driving) in the Busan District Court’s Branch Branch; and

3.8. The Seoul Western District Court received a fine of one million won for the same offense.

1. On December 15, 2017, the Defendant was under the influence of alcohol content of 0.171% in blood at around 23:50 on December 15, 2017, while driving G string vehicles on the alley side road of Gwanak-gu in Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a vehicle in G spoke in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 15, 2017, at around 23:50 on December 15, 2017, the Defendant driven the above soft-type vehicle with alcohol content of 0.171% under the influence of alcohol during blood, and proceeded with the alley-type side of the front house in Seoul Special Metropolitan City, Nowon-gu as a Docheon-type elementary school.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to take into account the traffic conditions of the road, the operation status of other motor vehicles, maintain the proper speed, and safely drive the steering gear and brakes by accurately manipulating them so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to alcohol and failed to drive the vehicle at the front time while driving the vehicle. From the part adjacent to the Defendant, the Defendant driven the vehicle to the Defendant from the part adjacent to the Defendant, and did not discover the victim H(63 arch), who stopped the vehicle, and was in front of the driver’s seat of the damaged vehicle.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of treatment to the victim.

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