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(영문) 서울서부지방법원 2018.11.08 2018고단2777
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 13, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On August 27, 2012, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court.

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 9, 2018, the Defendant driven the said car under the influence of alcohol content of 0.180% in blood around 20:01, and became to turn to the left at one-lane on the surface of the light-test distance from the side of the street room in Mapo-gu Seoul, by driving the car under the influence of alcohol content of 0.180%.

At the time, the vehicle was stopped in order to turn to the left at the front of the moving direction, and in such a case, there was a duty of care to prevent accidents in advance by reducing the speed and operating the steering and brakes properly while driving the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to turn to the left due to the negligence of neglecting the steering gear, and failure to properly operate the steering gear, the Defendant was in the front part of the left part of the instant car by the victim C(64) who was in the traffic signal atmosphere to turn to the left.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer from an injury, such as a climatic salt, which requires approximately two weeks medical treatment due to such occupational negligence.

2. On July 9, 2018, the Defendant violated the Road Traffic Act (drinking) is under the influence of alcohol content of 0.180% during blood transfusion on July 19, 2018, and the day from the front day of the fun apartment road located on seven-lane international finance in Yeongdeungpo-gu Seoul Metropolitan Government on the same day.

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