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(영문) 서울남부지방법원 2018.06.07 2017고단2381 (1)
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 19, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a freezing truck with the freezing Ⅱ, which fell under the influence of alcohol level of 0.143% from blood on November 19, 2016, and proceeded to turn to the left from the surface of the new eths of the underground roadway of the new ethrost, in a state where normal driving is difficult due to the influence of alcohol leveling 0.143% from blood.

Since it is an intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the signal apparatus according to the signals of the signal apparatus.

Nevertheless, the defendant, who neglected this so-called alcohol and failed to make a left-hand turn in violation of the above signals, received the front part of the victim C(41) driver's drive's Habter II as the front part of the cargo vehicle in the freezing nbb, which was driven by the victim C(41) driver's Haba from the nbbbbbb of the man middle school located in accordance with the new code.

Ultimately, the Defendant suffered injury to the victim C by negligence in the course of performing duties when driving a motor vehicle in violation of the signal while normal driving is difficult due to the above influence of drinking, such as cerebral sye which requires approximately three weeks medical treatment.

2. On March 29, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million for a crime of violating road traffic laws at the Seoul Southern District Court in Seoul Southern District Court, and on February 24, 2015, a summary order of KRW 5 million with the same crime at the Seoul Northern District Court in Seoul Northern District Court.

On November 19, 2016, at around 00:40, the Defendant driven a freezing cargo vehicle B with alcohol content of about 0.143% while under the influence of alcohol at around 500 meters in a distance of about 500 meters in the new distance of 291 in Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

Summary of Evidence

1. The defendant and the defendant are separated.

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