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(영문) 서울중앙지방법원 2017.08.09 2017고단2847

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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. On January 25, 2017, the Defendant: (a) driven a two-lane road in Seoul-Yancheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Hongcheon-do, at 46.6km-do, Hongcheon-do, Hongcheon-do, Seoul-do, under the influence of alcohol content 0.188% in blood; (b) driven a B Af-D-A6 car in the direction of Seoul, while under the influence of alcohol content 0.18% in blood; and (c) proceeded in the speed of about 100km in the direction of Hongcheon-gun.

At the time, since it is a night and a highway installed a centralized separation, a person engaged in driving a motor vehicle has a duty of care to protect the motor vehicle line and properly manipulate the steering gear and prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 중앙 분리대를 넘어 역 주행한 과실로 반대 차로 1 차로를 따라 진행하던 피해자 C( 여, 47세) 운전의 D K7 승용 차 좌측 앞 범퍼 부분을 피고인 운전의 승용차 좌측 앞 범퍼 부분으로 들이받고, 그 충격으로 위 K7 승용 차가 튕겨 나가면서 2 차로를 진행하던 피해자 E(53 세) 운전의 F 봉고Ⅲ 화물 차 우측 앞부분을 위 K7 승용 차 좌측 앞부분으로 들이받게 하였다.

After all, the Defendant driven the said A6 car in a state where normal driving is difficult due to influence of alcohol, and suffered from the victim C, such as a light-frame body and other bodily injury, which requires approximately 12 weeks of medical treatment, and the victim E, for about 2 weeks of medical treatment.

2. Around 06:00 on January 25, 2017, the Defendant driven a B-A6 car under the influence of alcohol concentration of 0.188% from the section of about 50k alcohol level to the point where the Hongcheon-gun is located in the Gangseo-gu Hongcheon-gun, Seocho-gu, Seoul and Yangyang Highway, Hongcheon-do, Hongcheon-do, Hongcheon-do, 46.6km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;