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(영문) 서울중앙지방법원 2017.11.14 2017고단6553
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 21, 2009, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on October 21, 2009, and KRW 2 million as a fine from the Sungnam branch support on November 4, 2013.

1. On April 22, 2017, the Defendant was under the influence of around 00:56, the Defendant driven a GN city car with a alcohol level of 0.234%, while driving a GN city car on April 22, 2017, and the roads of 74-lane 4 roads front of the Samsung Economic Research Institute in Seocho-gu Seoul, Seocho-gu, Seoul, at a speed of about 50km per hour from the 3-lane to the 4-lane long distance away from the promotion apartment distance.

At night, the view is narrow at night, and at the front section of the Defendant’s vehicle, the victim H(55 years old) driver is proceeding. In such a case, the Defendant, who is engaged in driving of the vehicle, has a duty of care to accurately manipulate the front left and right and the steering gear and prevent the accident in advance.

Nevertheless, the Defendant was under the influence of alcohol so that it is difficult to drive the vehicle normally, and the said victim’s vehicle was found late, and the part before the left side of the said victim’s vehicle was shocked by the front part of the right part of the Defendant’s vehicle.

The above victim's vehicle was sealed to the right side by the shock, and the front part of the other victim's J (43 Do) driving was shocked by the front part of the right part.

Ultimately, while driving a vehicle in a state where normal driving is difficult due to drinking, the Defendant sustained on the part of the said victim H the “bral brain in which no head is open,” which requires approximately three weeks of medical treatment, etc., and on the part of the said victim J, the Defendant sustained on the part of the said victim J about two weeks of medical treatment.

2. The Defendant in violation of the Road Traffic Act (drinking driving) shall be drunk by 0.234% of alcohol concentration in the blood of the same day as that of the preceding paragraph.

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