beta
(영문) 서울중앙지방법원 2020.03.25 2020고단885

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B SP car.

On December 16, 2019, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration on December 23:21, 2019, proceeded at a speed of about 50 km per hour at a speed of about 50 km from the face of resignation of Jongno-gu Seoul Metropolitan Government to the 125-lane in resignation, and turned to the left.

At the time, it is an intersection where a signal is installed at night, and in such cases, the driver of the motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and there was a duty of care to reduce the speed, to live well on the right and the right, and to drive the motor vehicle safely with the signal.

Nevertheless, the Defendant, while driving the said vehicle under the influence of alcohol to the extent that the blood color is red and rhym and the walk is debrised, neglected the Defendant’s moving signal to the stop signal, and caused the above road to turn to the left at the left as it was due to the negligence of neglecting the Defendant’s moving signal to the stop signal, and caused the above road to turn to the left from the light breath of the victim C(64 years old), which was turned to the left in accordance with the new code, from the front left side of the said vehicle.

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 injury, such as a shoulder dump, which requires approximately three weeks medical treatment, to the victim.

2. On December 16, 2019, the Defendant driven B SP car under the influence of alcohol with approximately KRW 0.142% of alcohol content from the 2.5km section around the parking lot near the Seoul History Museum located in Jongno-gu Seoul, Jongno-gu, Seoul to the place indicated in paragraph (1).

Summary of Evidence

1. The defendant;