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(영문) 서울북부지방법원 2021.02.18 2018고단3370
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the duty of driving Category B Damp vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 9, 2018, the Defendant driven the above van while under the influence of 0.123% alcohol during blood transfusion 0.40%, and led to the roads of two lanes in front of the D Hanwon located in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, to the speed of about 30 km per hour from the hill tunnel towards the uppermost distance along one lane.

At the time, it was difficult to cut off many times, and there was a place where signal lights are installed on the front bank, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents by driving the brake accurately by viewing the front bank and accurately manipulating the signal light, and operating the brake.

Nevertheless, the Defendant, while under the influence of alcohol, found the FK5 taxi driven by the victim E (54) who was stopped for signal waiting at the front of the day, late later, and did not properly operate the brake, and was negligent in driving the victim E’s back cab due to the Defendant’s negligence, and received the part concerning the Defendant’s back cab of the victim E in front of the front of the Masp son.

Ultimately, the Defendant suffered from the injury of the victim E, by its occupational negligence, such as salt, tensions, etc. in the right leash, which requires a two-day medical treatment due to influence of drinking, injury to the victim G (52) who is the passenger of the said taxi, such as salt, tensions, etc., in need of a two-day medical treatment; injury to the victim H (56 years old) who is the passenger of the said taxi in need of a two-day medical treatment; injury such as light salt, tensions, etc.; and injury to the victim I (60 years old) who is the passenger of the said taxi in need of a two-day medical treatment.

2. On July 9, 2018, the Defendant violated the Road Traffic Act (drawing driving) in front of J apartment at the Southern-si of Gyeonggi-do.

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