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(영문) 서울중앙지방법원 2018.12.19 2018고단5329
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving a E Poter II cargo vehicle.

1. On July 27, 2018, the Defendant was under the influence of 0.18% of alcohol while driving the above vehicle at around 22:24 on July 27, 2018, and led the roads near the 39 Education Development Institute of Seocho-gu Seoul, Seocho-gu 21-ro 21-ro 39, to proceed in the direction of both sides at the 1st intersection of Young-dong.

In such cases, the driver of the vehicle has a duty of care to prevent accidents by accurately operating the operation of the operation and steering gear well, and to prevent accidents.

Nevertheless, the Defendant, by negligence in violation of the above duty in driving under the influence of alcohol, brought the victim F (46) vehicle behind the G Mari-ri vehicle driven by the Defendant, which was parked in the same direction two-lanes of the same line, and brought the victim H (35 years old) who was driven by the Defendant, with the vehicle behind the vehicle behind the G Mari-ri vehicle driven by the Defendant. Accordingly, the vehicle behind the said Mari-ri vehicle was pushed back in the future and the victim H (35 years old) who was parked due to the above signal atmosphere, led to the collision between the Defendant and the ender of the vehicle following the Mari-ri vehicle and the ender of the said Mari-ri vehicle continued to be pushed up in the future while the said Mari-ri-ri vehicle stopped due to the above signal transmission in the future.

Accordingly, the Defendant suffered from the above occupational negligence, 4 victims F, etc. who were on board the front horse, 2 victims H, etc. who were on board the front horse, J and 7 victims who were on board the said rocketing vehicle, respectively, injury such as the attached list of victims.

2. Defendant 1 who violated the Road Traffic Act (drinking driving) is under the influence of alcohol content of 0.188% in blood at the time of the day as described in the above paragraph 1, Seocho-gu Seoul, Seocho-gu, Seoul, the roads near the forest of the 9th citizens in Seocho-gu, Seoul.

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