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(영문) 서울북부지방법원 2017.12.07 2017고단4412
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 23, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 23, 2012, and a summary order of KRW 2 million for the same crime at the same court on June 27, 2016.

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 31, 2017, the Defendant driven the said car under the influence of alcohol content of 0.191% during blood transfusion, while making it difficult for the Defendant to drive it normally, and driven the said car at a 104-lane 53, Dowing-ro, Dobong-gu, Seoul, Dobong-gu, and the intersection in front of the new hold box, which was sent back to the Maart at a e-mail speed.

At the time, the victim D(47) car driving on the front side of the Defendant’s vehicle was under the circumstance that the Echip car driven the intersection from the right side to the left side, and thus, the Defendant was engaged in driving the vehicle, and therefore, the Defendant was under the duty of care to properly look at the front side and to prevent the accident by operating the brake and steering gear in a timely manner.

Although the victim's driver's car is in the front section as above, the defendant was negligent in performing his duty at the front section of the alcohol and continued to proceed without operating the brake in a timely manner, and the part before the victim's driver's car was shocked by the front section of the driver's car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks medical treatment, to the victim.

2. The Defendant 1 driven the said rocketing car under the influence of alcohol content of about 0.191% in a section of approximately 1k’s blood alcohol level from the insular area of Gangnam-gu, Seoul to the 104-ro Dobong-ro 53 and the front line of the new hold box at the time of the above day.

b)a summary of the evidence;

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