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(영문) 서울서부지방법원 2018.09.20 2018고단1992
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

[2018 Highest 1992]

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

On May 4, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.165% in blood, and proceeded at a speed that is impossible to identify one-lane in front of the 57 LH apartment at the same number of Bupyeong-gu Incheon, the number of Bupyeong-gu, Incheon, at a speed that is equal to 120 times in front of the 57 LH apartment.

Since there are preceding vehicles in front of the vehicle, the driver of the vehicle has a duty of care to safely drive the brake and steering gear by reducing the speed and properly operating the brake and steering gear, and there was a duty of care to not drive the vehicle while it is difficult to drive the vehicle normally due to the influence of drinking.

Nevertheless, due to the negligence that the Defendant was under the influence of alcohol and proceed without neglecting it, the Defendant received the back part of the E-learning Motor Vehicle that was driven by the Defendant as the front part of the Defendant’s vehicle, which was driven by the victim D (W, 35 years old) who was standing in the front direction of the vehicle in the front direction of the Defendant’s vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. On May 4, 2018, the Defendant violated the Road Traffic Act (drinking driving) driven a C body-man car under the influence of alcohol with approximately 0.165% alcohol concentration from around 4km to around 57 LH apartment apartment, the number of the front roads in the south-gu Incheon Metropolitan City, Seo-gu, Incheon, to the front roads in the 120-ro 57 LH apartment.

[2018 Highest 2421] On June 28, 2010, the Defendant was issued a summary order of KRW 2,50,000 by the Seoul Western District Court to a fine of KRW 2,50,000 as a crime of violating Road Traffic Act (drinking). The Defendant was issued a summary order on June 21, 2018.

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