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(영문) 서울중앙지방법원 2018.07.12 2018고단2372
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

【The Defendant was sentenced to a fine of KRW 2 million at the ordinary military court of the Army 27th December 28, 2011 due to a violation of the Road Traffic Act (dacting driving), and on May 30, 2012, the Defendant was issued a summary order of KRW 5 million by the Jeonju District Court of the Republic of Korea (dacting driving).

【Criminal facts】 The Defendant is a person engaging in driving a passenger car Benz SLC200.

1. Around 07:40 on January 30, 2018, the Defendant driven the said vehicle under the influence of alcohol by 0.192% of alcohol concentration in blood from approximately 5 K meters from the front of the residence in Gwanak-gu, Seoul Special Metropolitan City to the first of the Seocho-gu, Seocho-gu, Seoul, for approximately 360 promotion apartment, as Seoul.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. On January 30, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.192% in blood at around 07:40 on January 30, 2018, and driving the said vehicle at a speed that, as Seoul Seocho-gu, it is impossible for the Defendant to find the two-lanes between the first three-lanes of the promotion apartment in front of the 360 promotion apartment at the beginning of Seoul Seocho-gu, Seoul, with the speed that the two-lanes of the three-lanes of the two-lanes from the south side of the Gangnam-gu.

At the same time, there was an intersection where signal apparatus was installed, and therefore, in such a case, there was a duty of care to see the front line signal and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle by neglecting it, and due to the negligence of driving the vehicle at the front of the Defendant’s driving direction, led the victim D(65 Systnael) who stops in the front of the signal signal at the direction of the Defendant’s driving.

Ultimately, the defendant is drinking.

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