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(영문) 서울중앙지방법원 2018.08.30 2018고단3364
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 23, 2018, the Defendant was under the influence of alcohol on April 17, 2018 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and driving a Frash car with a alcohol concentration of 0.126% in blood, and proceeding the roads in front of Seocho-gu Seoul Metropolitan Government along the three-lanes of the five-lane away from the Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul

In such a case, the driver has a duty of care to safely drive the driver, such as taking the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, under the influence of alcohol, the Defendant was under a stop on the fourth lane due to negligence.

The part of the left-hand side of the HH driver's I am shocks into the part on the right-hand side of the Defendant's vehicle, and the part on the left-hand side of the K bargaining vehicle of the victim J (J, 47 years old) which was stopped above was shocked by the front-hand part of the Defendant's vehicle, and then the Defendant's vehicle was moved to the front-hand part of the Defendant vehicle, and due to the shock, the vehicle was cut to the front-hand part of the LA driver's vehicle which was stopped.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as “influences and tensions,” which requires two weeks’ medical treatment to the victim J.

2. On November 3, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in support of the Sungnam branch of Suwon branch on November 3, 2008, and a fine of KRW 4 million as a fine for the same crime in the same court on July 28, 2014.

Defendant was under the influence of alcohol content of 0.126% in blood during the day immediately preceding the above day, and was driving the said car from the road located in Seocho-gu Seoul, Seocho-gu to the place of the accident.

Accordingly, the defendant is under the influence of alcohol again even though he has violated the prohibition of drinking twice or more.

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