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(영문) 서울서부지방법원 2019.05.09 2018고단4481
도로교통법위반(음주운전)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person who is engaged in driving a rocketing car.

On October 26, 2018, the Defendant driven the above vehicle while under the influence of alcohol at 0.187% of blood alcohol level on October 26, 2018, and driven the front side of Eunpyeong-gu Seoul Metropolitan Government along the c-ro from D to Hinsan-ro.

At the same time, there was a duty of care to confirm whether a person who is engaged in driving duty is a person who walks on a road by checking well the front left, and to safely drive the motor vehicle on the ground that the passage of pedestrians is frequent.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was placed in the front part of the victim E (the age of 15) who was glock on the right side of the same direction.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to cerebrovasculars, etc., which had no two internal organs in need of open medical treatment, but failed to immediately stop and take measures, such as aiding the victim.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B rocketing motor vehicles.

On October 26, 2018, the Defendant driven the above vehicle while under the influence of alcohol at 0.187% of blood alcohol level on October 26, 2018, and made the three-lane road in front of the Eunpyeong-gu Seoul Metropolitan Government drive the three-lane road from the Simam Station to the eculation Station, while entering the intersection.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care for the person engaged in driving duty to thoroughly see the front-time and safely drive the car.

Nevertheless, the Defendant is unable to drive normally due to the influence of drinking, such as rhythm, string, and walking, under the influence of alcohol.

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