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(영문) 서울중앙지방법원 2016.12.14 2016고단7685
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a BSP car under the influence of alcohol level of 0.113% on blood alcohol level on September 26, 2016, and proceeded at a speed of about 50 km per hour from the 5-lanes of the front side of Gangnam-gu Seoul Metropolitan City, along one lane of the five-lane roads in front of Gangnam-gu Seoul Metropolitan City.

In this case, the defendant who drives a motor vehicle has a duty of care to prevent the traffic accident by accurately manipulating the steering gear and brake system according to the surrounding traffic condition while living well in the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of business in which he was driving while driving a car at the front of the vehicle in front of the Defendant’s driving direction, and the back part of the Echip vehicle driven by the victim D, who was standing in the signal route from the front of the vehicle in front of the Defendant’s driving direction, was turned into the front part of the Echip vehicle, and due to the shock, the Echip vehicle was pushed into the front part of the Echip vehicle operated by the victim F while the Echip vehicle was being pushed down in front of the vehicle, and the back part of the Echip vehicle operated by the victim F was turned into the front part of the Echip vehicle. In short, the said Echip vehicle was pushed into the front part of the Echip vehicle operated by the victim F.

Ultimately, the Defendant, while driving the above SP car in a situation where normal driving is difficult due to influence of drinking, can be seen as having inflicted injury on the victim D, such as chests, which requires a medical treatment for about three weeks, injury on the base of cryp, etc. in need of a medical treatment for about one day to the victimJ who was on the franc vehicle, injury on the base of cryp, tensions, tensions, etc. in need of medical treatment for about two weeks to the victim F, and the number of days of medical treatment to the victim H.

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