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(영문) 서울동부지방법원 2017.07.07 2017고단1444

특정범죄가중처벌등에관한법률위반(위험운전치사상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a DMW car.

On April 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.159% among blood transfusions on 01:50 on April 9, 2017, and led to a road of 4-lanes in front of the 8 comprehensive sports ground south of Songpa-gu Seoul Olympic Games along the one-lanes in the direction of the intersection of Samsung T&T at the intersection of the sports ground.

A driver of a motor vehicle has a duty of care to properly operate the steering and brakes by accurately operating the steering direction and brakes by checking the traffic situation in front of the vehicle.

그럼에도 불구하고 피고인은 눈이 충혈되고 보행이 비틀거리는 등 음주의 영향으로 정상적인 운전이 곤란한 상태에서는 중앙선을 침범하여 운전한 과실로 중앙선에 설치된 바리 케이 트를 위 승용차 앞 범퍼 부분으로 충격하여 이 충격으로 바리 게이트가 반대 차선으로 튕겨 져 나가 마침 반대 방향에서 마주 오던 피해자 E(74 세) 이 운전하는 F 오피 러스 승용차 좌측 앞 범퍼 부분을 충격케 하였다.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. in need of approximately two weeks of treatment.

2. Around 01:50 on April 9, 2017, the Defendant driven a DW car under the influence of alcohol content of 0.159% while under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters from the Songpa-gu Seoul Metropolitan locked-dong to the 8th day of the same Olympic Games.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the detection of a primary driver, and a written statement on the occurrence of a traffic accident;

1. The driver's license ledger;

1. Written estimate, and