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(영문) 서울중앙지방법원 2018.06.20 2018고단2949
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

On January 4, 2008, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court on January 4, 2008, and on February 1, 2013, the Defendant was a person who was in the same record as a fine of KRW 1.5 million at the Seoul Southern District Court on February 1, 201.

1. On March 17, 2018, the Defendant driven the said vehicle under the influence of alcohol with a 0.146% alcohol concentration of 0.146% from the southwest-do road located in the southwest-si, Namyang-si, Namyang-si, the Namyang-si, the Namyang-si.

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 March 17, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.146% in blood at around 17:00 on March 17, 2018, while driving the said vehicle at a speed that is not visible from the south side to the parallel of ordinary IC at the south of the Southyang-si.

At the time, the Defendant was behind the victim D(63) drive, and the signal was set at a three-distance intersection at the front section, so in such a case, the Defendant had a duty of care to safely drive the vehicle to prevent the accident by driving the vehicle in advance, such as viewing the traffic situation on the front section and accurately manipulating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not boom the front, and by negligence, got a part of the victim's vehicle behind the driver's vehicle in front of the driver's vehicle.

Ultimately, the Defendant is in a state where normal driving is difficult due to influence of drinking.

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