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(영문) 서울중앙지방법원 2017.10.11 2017고단5814

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around July 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of a two-lane road in front of Seocho-gu Seoul Metropolitan Government, Seoul, with a alcohol concentration of 0.173% in blood, and the Defendant was driving Csch Rexroth car at a speed of about 60km in the direction of the Olympic in the direction of the distance of the old distribution, along the two-lane in the direction of the Olympic Games.

At night at the time, the victim D(57) is driving on the front side of the defendant, and the E 5-si is driving on the front side of the defendant, so there was a duty of care to look well at the front side and the left side, and to properly manipulate the steering and the steering system and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the brakes while neglecting this, and received the part of the victim's taxi behind the Defendant's taxi in front of the passenger car.

As a result, the Defendant, while driving the above Bosch Rexroth in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim D, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and injury to the victim F, who is the passenger boarding the above taxi (35 years of age), such as light dump, tensions, etc. which require approximately two weeks of medical treatment.

2. On July 7, 2017, the Defendant driven a Csch Rexroth car under the influence of alcohol with approximately 0.173% of alcohol concentration in the 2km section from the front side of this waters located in the 310-ro, Dongjak-gu Seoul Metropolitan Government, to the front side of Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. A report on the record of drinking alcohol measurement, a report on the situation of the driver involved in driving, and an investigation report (a report on the situation of the driver involved in driving);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.