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(영문) 서울중앙지방법원 2017.03.08 2016고단9409
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle BMW 525i in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

A. On November 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.141% in blood at around 01:07, while driving the said car, and driving the road of five-lanes in front of Jongno-gu Seoul Metropolitan Government along the intersection by four-lanes from the Cheongwon commercial zone towards its intersection.

At this point, since the signal of a private street crossing is installed, a person engaged in the driving of a motor vehicle has a duty of care to check the signal and proceed in accordance with the signals.

Nevertheless, the Defendant neglected this and followed the part on the left-hand side of the victim D(61 ) Hastna-si in the direction of the victim D(61 Do), which by the Cheong-do 2’s direction from the intersection to the intersection, led to the Defendant’s failure to drive in a manner that is difficult to drive in a normal manner due to influence of drinking, and caused the Defendant’s failure to do so, to shock the part on the left-hand side of the Defendant’s front driver.

Ultimately, the Defendant suffered, by negligence in the course of performing such duties, injury to the victim D, such as dump, tensions, etc. of the bones of trees, which requires approximately two weeks of medical treatment, and injury to the victim F (24 years of age) who is the passenger of the said taxi, such as dump, dump, tension, etc. of the shoulder that requires approximately two weeks of medical treatment.

B. The Defendant, while under the influence of alcohol concentration of 0.141% in blood on the same day, was driven by the said car at around 01:16, and 2-ro 3 in front of Jongno-gu Seoul Metropolitan Government, the ero 3rd to ero ero ero ero ero ero e.

At the time, the intersection was the victim G(62) driver's Haststa taxi in the atmosphere of the signal, and thus, the person engaged in the driver's duty of care to check the traffic situation of the frontline and proceed with it.

Nevertheless, the defendant neglected to do so.

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