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(영문) 서울서부지방법원 2017.04.20 2017고단182

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 23:00 on December 12, 2016, the Defendant driven the above car under the influence of alcohol concentration of 0.121% in blood with the front road of Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”) around 23:0, the Defendant driven the above car along the three-lanes of the flow of the 3-lanes of the old YY in the area of the World Cup stadium, with the spondal distance.

At the time, accidents are highly likely to occur at night, so in such cases, there was a duty of care to safely drive the vehicle, such as taking the front side and the right and the right and the right of the driver, and accurately operating the steering and the steering system.

그럼에도 피고인은 술에 취하여 이를 게을리 한 채 전방 주시를 태만 히 한 과실로 피고인의 진행 방향 앞쪽 횡단보도 근처에서 비상등을 켠 채 정 차 중이 던 피해자 E(61 세) 운전의 F 쏘나타 택시의 뒤 범퍼 부분을 피고인이 운전하는 승용차의 앞 범퍼 부분으로 들이받았다.

As a result, the Defendant suffered injury to the victim E, such as salt, tension, etc. in need of approximately two weeks’ medical treatment due to the above occupational negligence, and injury to the victim G (V, 31 years old), who was on board the said rocketing taxi, due to the influence of alcohol, in need of approximately three weeks’ medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C-ho vehicle under the influence of alcohol with about 250 meters alcohol concentration 0.121% from the underground parking lot of the building located in Mapo-gu, Seoul Metropolitan City to the place of accident as set forth in paragraph 1 at the time of a day set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Criminal facts;