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서울북부지방법원 2018.01.11 2017고단4825

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a benz car.

On October 14, 2017, the Defendant driven the said car under the influence of alcohol content of 0.241% during blood at around 23:40 on October 14, 2017, and turn to the left from the 30-way intersection of Seongbuk-gu Seoul Metropolitan Government to the seat of the Seongbuk Police Station.

Since a left-hand turn sign is marked on the road floor and a sign to prohibit entry is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents, such as not entering the road on the road according to the traffic safety facility marking.

Nevertheless, the Defendant neglected to drive normally due to influence of alcohol and neglected to do so, neglected the entry prohibition sign and left-hand turn to the left-hand turn, and brought the front part of the E bus driven by the victim D(67) who was fright to left-hand turn to the left-hand turn.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, about two weeks of light base salt, and the injury to the victim F (29 years of age) who was on board the bus, about two weeks of light base salt and tension in need of medical treatment, and the injury to the victim G (28 years of age) of light base and tension in need of medical treatment for about two weeks of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition, a report on the detection of a driver at the main place, a report on the circumstantial situation of the driver at the main place of accident, a written statement (D, F, G), a medical certificate, each medical opinion, and a photograph of the place of accident;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to each of the pertinent Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning the crime;