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(영문) 서울남부지방법원 2018.05.10 2018고단1187
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. Around January 10, 2018, the Defendant violated the Road Traffic Act (drinking) driven a DW car from the front side of the 2nd apartment of the large-scale apartment building located in Guro-gu Seoul Metropolitan City, Guro-gu, to the Young-gu, Seoul, Young-ro, 114-2, while under the influence of alcohol level 0.130% during blood alcohol level from the 5km section to the Young-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 114-2.

2. The Defendant is a person who drives a BMW car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 10, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.130% among the blood transfusion around 22:30 on January 10, 2018, and proceeded with the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government (Seoul Metropolitan Government ro 2, 114-gil), with the flow of the above vehicle at the level of influence from the airspace of Yeongdeungpo-gu.

At this place, the center line of yellow solid lines is installed, the driver of the motor vehicle is prohibited from driving the motor vehicle while normal driving is difficult due to the influence of drinking, and the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant shocked the back side part of the FM vehicle driven by the Defendant on the left side of the FM vehicle driven by the Defendant, which is driven by the victim E (60 cc) who is running on the opposite line due to the negligence of fM vehicle running along the center line, with the top part of the HM vehicle driven by the Defendant, which continues to be driven by the victim G (60 cc) and the left side part of the HM vehicle driven by the victim I (74 cc) and the left side part of the JM taxi vehicle driven by the victim I (74 cc).

Ultimately, the Defendant driving the said BMW vehicle in a state where normal driving is difficult due to influence of alcohol, and inflicted injury on the victim E, such as salt, tension, etc. of the trend requiring approximately two weeks of medical treatment, and the victim I’s salt, tension, etc. of the species that require approximately two weeks of medical treatment.

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