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(영문) 서울중앙지방법원 2018.10.05 2018고단3467
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 27, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law (driving alcohol) at the Seoul Central District Court; on January 7, 2010, the Defendant was notified of a summary order of KRW 4 million for the same crime at the Seoul Southern District Court; on June 13, 2013, the Defendant was sentenced to a suspended sentence for six months for a violation of road traffic law (driving alcohol) at the Seoul Central District Court.

[Criminal facts] The Defendant is a person who is engaged in driving of BMW X5 automobiles.

1. On May 12, 2018, the Defendant driving the above vehicle under the influence of alcohol content of 0.140% in blood around 20:20 on May 12, 2018, and led the roads in front of Jongno-gu Seoul Metropolitan Government to the intersection of the said cemetery from the surface of the tunnel of the network.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while neglecting this and waiting to the signal signal by negligence, tried to see the part of the front part of the vehicle of the Defendant, following the EIstren vehicle driven by the victim D(46) who was under the influence of the signal.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence, which requires approximately two weeks of medical treatment, and suffered injury to the victim F (V, 44 years old), who was on board the said rocketing vehicle, and G (10 years old), for about two weeks of medical treatment respectively.

2. Defendant 1 is under the influence of alcohol concentration of 0.140% in blood at the time of the day set forth in the above paragraph 1, and the Jongno-gu Seoul Jongno-gu Seoul Hopline is front of Seoul Horo-gu.

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