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(영문) 서울중앙지방법원 2017.01.25 2016고단8658

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B with the highest speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 7, 2016, the Defendant driven the above car around 22:20 on November 7, 2016, and driven the front road of Gangnam-gu Seoul, Seoul, toward the shooting distance of the Do elementary school from the hill bank, the Defendant was driving on the two-lanes of that road.

At night, at the time, the victim D(n, 34 years old) was driven by the victim D, and the GMW car driven by the victim F was under the signal waiting stop.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by reducing speed and accurately manipulating brakes, steering devices, and steering gear, etc. while driving a motor vehicle with a duty of care.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.15% in blood, divided into two parts, and operated without being negligent in performing such duty of care in a state that the state of walking is difficult to drive normally, such as a remote distance, by negligence, caused the front part of the said vehicle in front of the said vehicle in front of the said vehicle in the highest string, and received again the rear part of the said vehicle in front of the vehicle in question due to the shock of the said vehicle in question.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol or drugs, and caused the victim H, the victim F, and the victim I who was accompanied by the said BMW motor vehicle, to receive approximately two weeks of medical treatment, respectively.

2. Defendant 1 violated the Road Traffic Act (drinking driving) is under the influence of alcohol of 0.155% during blood at the date and time set forth in the above paragraph 1, and approximately 1 km from the vicinity of the YYYYYY, Gangnam-gu, Seoul to the front road of Gangnam-gu Seoul.