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(영문) 서울중앙지방법원 2017.09.13 2017고단4956

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. Around 06:30 on February 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act: (a) around 06:30 on the same day, the Defendant driven a vehicle with the body of C in the state of under the influence of alcohol concentration of 0.112% in blood alcohol as in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, while driving a vehicle with a four-lane in the shape of C in the state of alcohol concentration of 0.12% in blood, and proceeds at a speed of 60km in the direction of distribution comparison in the direction of Kimpo.

At the time, the Defendant changed the lane from the first lane to the second lane, and in such a case, there was a duty of care to prevent accidents in advance, such as reducing speed to those engaged in driving vehicles, properly manipulating the steering direction and brake system, and safely changing the course.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering gear under the influence of alcohol, the Defendant left the center while changing the car line into the two-lanes, and the part of the victim D(27 Do) driving with the left-hand pent part, which led to a single-lane of the EMW car operation of the victim D(27 Do) driving, and the said BMW car was pushed into the left-hand part of the front gate, and due to the corresponding shock, the Defendant got a dick set up on the road by the left-hand part.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim D, such as salt, tensions, etc., and at the same time, at the same time, at the 1st day of paragraph (1) of the same Article, the Defendant received the Dom-W car of D Driving and damaged the 4,869,909 won by having the victim F of the Facilities Management Corporation established on the left side of the road manage the said car due to its shock.

3. On February 5, 2017, the Defendant for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) shall be the Seocho-gu Seoul Metropolitan Government from the Gangnam-gu branch of the Gangnam-gu, Gangnam-gu, Seoul.