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(영문) 서울북부지방법원 2017.04.20 2017고단631
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 October 17, 2016, the Defendant violated the Road Traffic Act (divated driving) operated C Costasch motor vehicle under the influence of alcohol of about 0.159% in a section of about 500 meters from the 37-lane 27-gil, Dongdaemun-gu, Seoul Metropolitan Government, to the roads in front of Seoul Dongdaemun-gu.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle, etc. which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant operated a car with Cone Star which was not covered by mandatory insurance at the same time and at the same place as the set forth in paragraph 1.

3. The Defendant is a person who is engaged in driving a car with Cone Star Co., Ltd. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 17, 2016, as described in paragraph 1, the Defendant driven the said Lone Star Car while under the influence of alcohol, and led to the front road of Dongdaemun-gu Seoul to proceed along the three-lane distance from the edge of the Flag of the Flag. The Defendant driven the said Lone Star Car according to one-lane from the edge of the Flag.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the above duty of care and failure to accurately operate the brake system at the Defendant’s frontline, received the rear panion of the Eststya car in the Defendant’s frontline of the signal at the Defendant’s frontline.

As a result, the Defendant suffered injury to the victim F (55 Does) who was on board the said rocketing car with the difficulty of driving the said car under the influence of alcohol due to the influence of alcohol by driving the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. D. D.

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