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(영문) 서울남부지방법원 2017.04.13 2017고단240

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

The defendant is a person who is engaged in the service of operating a cruise car.

1. On November 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was under the influence of alcohol level of 0.108% among the blood transfusion around 23:45 on November 23:4, 2016, and was driving at a speed of 0.108% on the high side of the high side of the high side of the red sea, following the entry into the back to the back direction at the high side of the high side of the red sea, while entering the upper side of the high side of the red sea and driving the road ahead of the high side of the rainwater pumps (high side of the upper side) at the narrow side of the upper side of the high side of the high side of the high side of the two lanes between two lanes in parallel.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle along the vehicle line.

Nevertheless, the defendant neglected this and went to a reverse direction, and the victim C (the 63 years old) who is normally driven by two lanes in opposite directions, conflicted with the front part of the cruise car operated by the defendant.

Accordingly, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as the closure of a bar booming soften that it is necessary to treat the said victim C for about six weeks, and suffered injury to the victim E (the 35 years old) who was accompanied by the said frighting car for about four weeks.

2. On November 1, 2016, the Defendant violated the Road Traffic Act (drinking) at the section of about 11 km from the front of Yongsan-gu Seoul Han River-ro 2 to the front of the rainwater pumps located in the Hanyang-ro, Seoul, under the influence of alcohol level of 0.108% among blood transfusion around 23:45 on November 23:1, 2016.