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(영문) 서울중앙지방법원 2017.10.11 2017고단4087

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around May 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B rocketing car while under the influence of alcohol at a 0.11% alcohol concentration on the roads adjacent to the Gangnam-gu Highway, Gangnam-gu Highway, Seoul Special Metropolitan City, which located in 77, as the scarcity of Gwanak-gu, Seoul Special Metropolitan City, and proceeded at a speed that would not be known in the direction of entrance into the Seoul metropolitan area from the direction of the IC of the Party.

At the time, at night and on the right side of the road, the driver had a duty of care to prevent accidents in advance by properly manipulating the front door and the right and the right side of the vehicle and properly manipulating the steering and the steering system.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 조향 및 제동장치를 제대로 조작하지 못한 과실로 피고인 운전의 승용차 우측 앞 범퍼 부분으로 도로 우측에 설치된 가드레일을 들이받고 그 충격으로 위 승용차가 반대 방향으로 튕겨 져 나가면서 도로 좌측에 설치된 가드레일을 위 승용차 조수석 차문 부분으로 들이받았다.

As a result, the Defendant sustained injury, such as the mouth of the body of the body of the body in a closed end, which requires treatment for about three months during the period of three months, by driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, to the victim C (the age 22) who was on board the head of the passenger car operation of the Defendant.

2. On the first day of paragraph 1, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.111% in the 35km section from the street station located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to the road adjacent to the Gangnam-gu Highway Down-gu Highway, Seoul Special Metropolitan City, to the 77-mnife-si, Seoul Special Metropolitan City, while driving a car under the influence of alcohol content of about 0.11%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of drinking drivers, a report on the measuring records of drinking and a report on the circumstances of drinking drivers;

1. A criminal investigation report (a suspect;