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(영문) 서울중앙지방법원 2017.11.29 2017고단6055
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car at CV.

1. On May 18, 2017, the Defendant driving the said vehicle under the influence of alcohol concentration of 0.217% in blood around 00:40 on May 18, 2017, while driving the said vehicle under the influence of alcohol level of 0.217%, and driving the said vehicle toward the shift from the direction of the station of the exit distance of 77-3, Gangnam-gu, Seoul Seocho-gu.

In such cases, the driver of a motor vehicle has a duty of care to care in advance by safely operating the steering and operating the steering gear well and the steering gear of the motor vehicle.

Nevertheless, the Defendant neglected his/her duty to drive in a state of difficulty, such as failure to properly memory the state of driving while under the influence of alcohol, and due to the negligence of the Defendant’s failure to drive without being negligent, and led the victim D (30 years old) moving from the front side of the trial to the alternate shift from the active duty line, and received the part behind the right part of the EM6 car driven by the Defendant’s driver.

Ultimately, under the influence of alcohol, the Defendant suffered injury to the victim D in need of approximately two weeks of medical treatment due to the influence of alcohol, and injury to the victim F, who was on board the said SM6 vehicle (hereinafter referred to as the “victim F, 27 years of age”), which requires approximately two weeks of medical treatment.

2. On September 23, 2009, the Defendant was issued a summary order of a fine of KRW 2.5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) at the Daejeon District Court on September 23, 2009, by a fine of KRW 1.5 million for a violation of the Road Traffic Act (non-licenseed driving) at the same court on October 25, 201. On October 22, 201, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (non-licenseed driving) and a fine of KRW 1.5 million for a violation of the Road Traffic Act (non-licenseed driving) at the support of the Daejeon District Court on Incheon District on July 22, 2011.

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