(영문) 서울남부지방법원 2018.07.19 2018고단2556

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(영문) 서울남부지방법원 2018.07.19 2018고단2556

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 27, 2018, the Defendant violated the Road Traffic Act (drinking driving) driven a Bright truck with alcohol level exceeding 0.170%, while under the influence of alcohol level around 01:07, the Defendant proceeded with the section of about 10km from the roads near the Kannam-si Seoul Geumcheon-si Seoul, to the frontway.

2. On March 27, 2018, the Defendant: (a) driven the said Grand Cross on the road of five lanes in front of Geumcheon-gu Seoul, Geumcheon-gu, while driving the said Grand Cross around 01:07; and (b) driven the said road on the awning side along four lanes; (c) at that time, the Esch Rexton car drivened by the victim D (60 years old) stops in accordance with the signal apparatus’s red suspension signal installed on the said road.

In such cases, the driver of a motor vehicle has a duty of care to stop safely on the rear side of the driver car and prevent the accident in advance by driving the front door and operating the brake accurately, reducing the speed.

However, the Defendant, while under the influence of alcohol to an extent that the level of 0.170% of alcohol level among the blood transfusions that do not take normal action necessary to drive the said vehicle due to the scambling, inaccurate, and scaming, etc. in the entrance, the Defendant suffered, by negligence in the course of business, the injury of the victim F (the victim, 50 years old) who was on board the scam head of the said damaged vehicle, such as failing to properly scam the steering system of the said Ireland and failure to operate the said bus accurately, etc., due to an occupational negligence, the Defendant received the back scamer of the said Grand scam in the front of the said Grand scam car and thereby caused the injury of the damaged salt and tension with the victim D, who was on board the scam head of the said damaged vehicle, by taking approximately two weeks of treatment.

Ultimately, the defendant is under normal influence of drinking.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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