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(영문) 서울중앙지방법원 2018.01.24 2017고단8971
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

[criminal history] On November 30, 2006, the Defendant received a summary order of KRW 3.5 million from the Seoul Southern District Court to a fine of KRW 3.5 million due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving without a license). On May 23, 2007, the Incheon District Court received a summary order of KRW 1 million from the Incheon District Court on March 6, 2008 to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license). On February 5, 2010, the Defendant received a summary order of KRW 2 million from the Incheon District Court on June 24, 201 to a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (Operation without a license) and a violation of the Road Traffic Act (Operation with a license and a fine of KRW 2.5 million).

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 15, 2017, the Defendant driven the said car under the influence of alcohol content of 0.146% in blood around 05:25 on August 15, 2017, and led to the following three-lanes at an irregular speed depending on the fluence of the roads near the southwest of the Yong-gu Seoul Olympic Games, in the vicinity of the access road to the southwest of the Yong-gu Seoul Olympic Games.

In such cases, the driver has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the defendant is a victim D(43) who proceeds from the same direction ahead by negligence while driving in a state where it is difficult to drive normally, such as a red and galm without a strong distance, while under the influence of alcohol.

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