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(영문) 서울서부지방법원 2019.05.09 2019고단753

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. On January 28, 2019, the Defendant was under the influence of alcohol level of 0.167% on blood alcohol level at around 22:40, the Defendant driven D’s vehicle from the Eunpyeong-gu Seoul to the front road of Eunpyeong-gu Seoul, to approximately 2km.

2. On January 28, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a body car as referred to in paragraph (1) with a blood alcohol concentration of 0.167% under the influence of alcohol on January 28, 2019, and driven the front road of Eunpyeong-gu Seoul Metropolitan Government on the road in front of the mountain basin at an insular speed along the two-lanes between four-lanes toward the direction of the mountain basin.

In such a case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering gear and safely driving the steering gear, as well as to not only drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, but also at night and at night, there is a motor vehicle under a stop on the front side.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 운전하면서 제동장치를 제대로 조작하지 못한 과실로 전방에 신호대기 중이던 피해자 E(54세)이 운전하는 F 쏘나타 택시의 뒤 범퍼를 위 로체 승용차의 앞 범퍼로 들이받고, 이 충격으로 위 쏘나타 택시가 앞으로 튕겨나가며 앞 범퍼로 피해자 G(29세)가 운전하는 H 프리우스 승용차의 뒤 범퍼를 충돌하게 하였다.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to influence of alcohol, sustained injuries such as salt, tensions, etc. in need of a two-day medical treatment to the victim E, suffered from injury to the victim I (34 years of age) who is the passenger of Launta taxi driven by E, suffered from the loss of head’s character, strawing, etc. requiring approximately two-day medical treatment to the victim I (34 years of age), and suffered from injury to the victim G for about three weeks.