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(영문) 서울북부지방법원 2018.10.11 2017고단4352
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. Around 16:26 August 2, 2017, the Defendant driven a e-car in a state of alcohol alcohol concentration of about 0.187% from a 500-meter section from the front road located in Gangnam-gu Seoul Metropolitan Government B to the front road of the same Gu, while driving the e-car in a state of alcohol level of about 500 meters.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving an E-ray car that was not covered by mandatory insurance at the time and place specified in paragraph 1.

3. The Defendant is a person who is engaged in driving a motor vehicle of E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act.

On August 2, 2017, the Defendant, as indicated in paragraph 1 of around 16:26, driven the above width vehicle under the influence of 0.187% alcohol concentration in blood, and driven the front D road in front of the Seoul Southern-gu, Gangnam-gu, Seoul, along the private road at the entrance of the National Cemetery of April 19, 2017, along the two-lane road.

At the time, the Defendant had a duty of care to keep the victim F, who is prior to the same direction, from a Gland Systex straw, and thus, the Defendant had a duty of care to keep the safety distance from being avoided when the former stops.

Nevertheless, the Defendant neglected this and did not properly operate the brakes under the influence of alcohol and did not proceed without properly operating the brakes, and neglected the back part of the Victim F (62 S) Gland Gebro, where the signal of the vehicle in the front intersection is changed to red signal, and led to the front part of the above driver car.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of alcohol, suffered injury, such as “finites and tensions,” which requires two weeks’ medical treatment, from the victim F and the victim H.

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