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(영문) 서울북부지방법원 2016.11.24 2016고단3508
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 19, 2007, the Defendant was issued a summary order of a fine of two million won at the Suwon District Court for a violation of the Road Traffic Act. On November 20, 2008, the Defendant was sentenced to a suspended sentence of one year for six months and two years for one year for the same crime in the same court on October 2, 2013. On May 12, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Seoul Northern District Court on May 10, 2016. The execution of the sentence was terminated on January 10, 2016.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a CAD car.

On June 15, 2016, at around 00:40, the Defendant, while driving the said vehicle in the influence of alcohol concentration of 0.175% on the front side of the Seoul Northernbuk-gu D, Seoul, and entering the direction of the Tyang-gu located direction through delivery to the U.S. in the direction of the Tyang-gu located direction through delivery, entered a two-lane, and entered a three-lane, instead of having entered the said vehicle in the direction of the Tyang-gu located direction through delivery, and entered the two-lanes.

At the same time, there are different vehicles in the same direction in the three-lane, so in such a case, there was a duty of care to safely change the vehicle to the person engaged in driving service while complying with the vehicle line.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol, and was placed in front of the front and rear of the driver’s seat of the victim E(53 years old) driving on a three-lane-lane-lane-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires two weeks of medical treatment.

2. The Defendant is in violation of the Road Traffic Act as described in paragraph (1) above.

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