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(영문) 서울중앙지방법원 2018.10.26 2018고단4140
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 21, 201, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on January 21, 201, and a summary order of KRW 4 million for the same crime at the same court on July 27, 2012.

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

1. Around April 23:20, 2018, the Defendant driven the said car under the influence of alcohol with approximately 1.3km alcohol concentration of about 0.20% from the road in front of Gwanak-gu in Seoul to the road in front 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, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. On April 8, 2018, the Defendant driven the said car while under the influence of alcohol content of 0.209% in blood at around 23:20 on April 8, 2018, while driving the said car at a speed that makes it impossible for the Defendant to know one-lane out of the four-lanes in front of Gwanak-gu Seoul Special Metropolitan City D to the direction of the scarcity.

At the time, the place is the exclusive lane for the U.S., and the signal apparatus was installed in the front section, thus, the driver of the motor vehicle had the duty of care to safely drive the motor vehicle by viewing the front section and the left and right, observing the signal and preventing the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and went through a U-turn signal as it was due to the negligence of neglecting the previous week while driving, and received the Fpool vehicle from the victim E (Fpool 32 years old) who stops, and then received the part of the panion vehicle from the Defendant’s driver’s driver’s vehicle.

Ultimately, the Defendant driving the said car in a state where it is difficult to drive it normally due to influence of drinking, and gives the victim G (28 years old) a wound, such as salt, tension, etc., requiring two-day medical treatment to the victim E., and a victim G (28 years old) boarding the damaged vehicle.

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