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(영문) 서울서부지방법원 2018.05.10 2018고단141
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 June 28, 2010, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, and on April 25, 2014, the Defendant was sentenced to a fine of KRW 5,00,000 as a fine for the same crime in the support for the development of water sources.

1. The Defendant is a person who is engaged in driving a vehicle in high-priced car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 3, 2017, the Defendant driven the above car with alcohol content of 0.104% in blood around 02:25 on December 3, 2017, and was driving along one lane in the direction of a new company in the direction of a new company at a distance of six-lanes in the south of Yongsan-gu Seoul, Yongsan-gu, Seoul.

At the time, there is a new wall time and the bridge is located a central separation, so the driver of the motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking. The driver of the motor vehicle has a duty of care to prevent accidents, such as reducing speed according to traffic conditions, by accurately operating the front and rear and the right and the right and the right of the motor vehicle, and by accurately operating the steering and the brake system.

Nevertheless, the Defendant was driving a victim D (40 years) who was under the influence of alcohol, while driving a motor vehicle in a state where it is difficult for the Defendant to drive a motor vehicle normally because he/she was under the influence of alcohol, was in an inaccurate state, with a little red color, without showing the front side properly, while driving the motor vehicle in a state where he/she was under the influence of alcohol, with the center separation unit installed in the place of his/her occupational negligence, and driving the motor vehicle along the opposite one lane.

E, the left-hand side of the first car volume of the defendant was collisioned with the first part of the passenger car volume of the defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as finites that need to be treated for about three weeks, and finites, finites and tensions that need to be treated for about two weeks to the victim FF (25 years old) who was on board the victim D.

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