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(영문) 서울서부지방법원 2017.05.18 2016고단4064

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On November 15, 2016, around 10:35, the Defendant driven the said car in a state of alcohol concentration of 0.124% 0.124% while under the influence of alcohol in the middle of 8 military 2 lanes located in the Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, the Defendant driven the said car in a state of under the influence of alcohol concentration of 0.124%, and proceeds along the two-lanes of the chill area from the chillside of green company.

In such cases, there was a duty of care to prevent accidents by emphasizing the front side and accurately manipulating the steering and brakes to those engaged in driving service.

Nevertheless, the Defendant, while neglecting his duty at the front time due to his negligence and neglecting his duty at the front time, went to the front part of the victim C(66 years old) who stopped in accordance with the traffic situation at the front time, and continued to go to the front part of the Defendant’s driver’s vehicle. As such, the Defendant got the back part of the victim E(59 years old)’s driving with the front part of the said taxi as the front part of the said taxi.

As a result, the Defendant suffered injury to the victim C such as brain-dead, etc., which requires approximately two weeks of medical treatment due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury to the victim E, such as climatic salt, which requires approximately three weeks of medical treatment.

2. On the day specified in paragraph 1, the Defendant driven B rocketing car with alcohol content of 0.124% at the 2km section from the Cheongcheon apartment located in Yongsan-gu, Yongsan-gu, Seoul, Seoul, to the place of accident described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement and an accident report of E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis shall be governed by statutes.