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(영문) 서울중앙지방법원 2017.05.16 2017고단2022

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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

1. Around 05:40 on February 1, 2017, the Defendant driven a Cho-low vehicle under the influence of alcohol content of about 0.135% from a 200-meter section from the front side of the club in Seocho-gu Seoul Metropolitan Government to the front road of Gangnam-gu Seoul, with a alcohol content of about 0.135%.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk) and is engaged in driving of a franchise-low vehicle.

On February 1, 2017, at around 05:40, the Defendant driven the said car while under the influence of alcohol, and driven the road of six lanes (including bus exclusive lanes) in front of Gangnam-gu Seoul Metropolitan Government, Seoul, along the two-lanes from the area of the new active duty service to the area of the distance of the Gangnam Station.

At the time, there was a vehicle standing in the signal waiting at the front direction of the defendant's driving, so in such cases, the person engaged in the vehicle driving duty has the duty of care to prevent the accident in advance by safely driving the vehicle, such as taking the front door and left door well, etc.

Nevertheless, due to the negligence that the Defendant was under the influence of alcohol and did not thoroughly conduct the electric traffic at the front time, the Defendant followed the victim D(62 3) Ma-ri-ri-ri-ri-ri-motor vehicle driven by the signal signal at the front time, followed by the Defendant’s vehicle in front of the Defendant’s vehicle, and due to the shock, the said Mari-ri-ri-ri-ri-motor vehicle was being pushed forward by the victim F.F.(51) who was under the influence of the signal signal at the front time and was under the influence of the signal at the front time, and caused the shock by the shock, the Defendant got the victim H(61) who was under the influence of the signal at the front time while driving in the front time.

Ultimately, the Defendant driving the said car in a situation where normal driving is difficult due to the influence of drinking, and driving the car to the victim D, and inflicting injury on the victim F, such as salt, tension, etc. in need of approximately two weeks medical treatment.