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(영문) 서울중앙지방법원 2017.10.24 2017고단4518

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 01:40 on June 4, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led to a two-lane in the speed of 20km in the direction of the calendar distance, along with a two-lane in the direction of the parallel distance, under the influence of alcohol concentration of 0.17% in blood, on a five-lane road in front of Gangnam-gu Seoul, Seoul, Seoul. < Amended by Act No. 14448, Jun. 4, 2017>

At night, the Defendant was at night, and the vehicle line was changed from the two lanes to the one lane, so in such a case, there was a duty of care to prevent accidents in advance, such as a person engaged in driving a motor vehicle, by properly manipulating the steering and brake system, and by safely changing the course.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear, which was driving once again due to the negligence of not operating the steering gear, received the part of the victim G(56) driving the H taxi in front of the left-hand part of the Defendant’s driver’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered the victim from the injury of climatic salt, etc., which requires approximately three weeks medical treatment.

2. 도로 교통법위반( 음주 운전) 피고인은 제 1 항 일 시경 서울 강남구 언 주로 30길 56에 있는 삼성 타워 팰리스 앞 도로부터 서울 강남구 E 앞 도로에 이르기까지 약 200m 구간에서 혈 중 알콜 농도 0.117% 의 술에 취한 상태로 F 미니 쿠페 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.