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(영문) 서울남부지방법원 2017.01.19 2016고단5354
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2006, the Defendant received a summary order of KRW 3.5 million from the Jung-gu District Court to a fine of KRW 3.5 million due to a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the Seoul Southern District Court to a crime of violating the Road Traffic Act on June 19, 2014.

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

On September 25, 2016, the Defendant driven the above cargo vehicle at around 22:35, and moved the two-lane road in front of Yangcheon-gu Seoul Metropolitan Government C at a remote distance from the boundary of the telephone station in the valley, to a non-speed speed.

At the time, there are nights and pedestrian crossings where signal lights are installed, so the driver of the vehicle has the duty of care to thoroughly conduct the front-time duty for the driver of the vehicle, and to pay attention to the pedestrian's attitude and safely drive the vehicle.

Nevertheless, the defendant found the victim D(4) who driven the above cargo while driving the above cargo in violation of the signal while under the influence of drinking alcohol with 0.213% alcohol while under the influence of alcohol, due to the negligence of driving the cargo in a state where normal driving is difficult, and found the victim D(4) on which the driver gets on the bus or the crosswalk in accordance with the pedestrian new subparagraph delayed, and immediately immediately before the collision.

Accordingly, the Defendant suffered injury to the victim, such as the commencement and maintenance of the water surface requiring approximately two weeks of medical treatment due to the above occupational negligence.

2. Although the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) had been punished twice due to driving of alcohol as above, the Defendant 1 had the same history as that of paragraph (1) on the same date and time, from the front day of the cafeteria of the Doksan Station in Gangseo-gu Seoul Metropolitan City, to the place of the accident as referred to in paragraph (1), the Defendant 1.6km away from the 1.6km section to the blood alcohol concentration of about 0.213% without obtaining a driver’s license.

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