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(영문) 서울중앙지방법원 2019.09.19 2019고단3897
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:40 on April 17, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.129%, and the Defendant driven CK3 car from the front of the building B in Jung-gu, Seoul to the front road of the exit 1 in Seocho-gu, Seoul, Seocho-gu, about 9km from the front of the building B to the front road of the exit 369 new logic 1 in Seocho-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving CK3 cars.

On April 17, 2019, at around 02:40, the Defendant driven the above K3 car while under the influence of alcohol of 0.129%, as in the foregoing paragraph, and transferred five-lanes of the five-lane road (including bus central lane) in front of the exit of the 369 new debate as in the Seocho-gu Seoul, Seocho-gu, Seoul.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering steering steering gear, brakes, etc. and safely driving a motor vehicle by safely observing the steering gear, etc. by driving the motor vehicle on the front left left and by checking the traffic conditions of the road, the operation status of other motor vehicles, etc.

Nevertheless, the Defendant, while under the influence of alcohol, failed to perform the above duty of care and tried to make a right-hand turn on the left-hand side by avoiding a vehicle standing ahead of it, and received a left-hand turn-hand turn on the part of the victim D ( South, 34 years old) who was under the right-hand turn on the part of distribution ICT and was under the right-hand turn on the left-hand side of the vehicle at the right-hand side of the defendant's right-hand side of the above BMW car, and received the remaining parts in front of the driver's car and the pent part.

As a result, the Defendant’s negligence on the above business to the above D, approximately two weeks of medical treatment, and to the victim F (F, 24 years of age) who was accompanied by the said BMW car.

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