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(영문) 서울동부지방법원 2018.03.30 2017고단4143

특정범죄가중처벌등에관한법률위반(위험운전치상)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 B car.

1. On November 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of 01:20% of alcohol level among blood transfusions, and entered the same five-lane distance distance from the edge of the road along the intersection of Gangdong-gu Seoul Metropolitan Government by driving the said van at a neighboring sidewalk of Gangdong-gu Seoul Metropolitan Government, and entered the same five-lane distance from the edge of the road along the direction of the Gangseo-gu Sungsung Hospital, the lane was rapidly changed to the two-lane.

In case of changing the vehicle line, the driver had a duty of care to make the vehicle line change by operating the direction direction, etc. to give notice of the change of course, and to make it possible for the driver to change the vehicle line before and after the change.

Nevertheless, the Defendant neglected this and neglected to change the lane into a two-lane as it was, and thereby, took part of the right side of the victim D (63 Doh, Wn) E-Wn-Wn-Wn-Wnn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as brain-dead in which there is no room to treat the victim for about three weeks open.

2. The Defendant 1 driven a BKan-Engine under the influence of alcohol concentration of 0.137% in the area near the above accident site at the time of the day set forth in paragraph 1 of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of D;

1. A traffic accident inspection report, a report on the detection of a driver at home, a report on the circumstances of the driver at home, an investigation report (report on the circumstances of the driver at home), and a report on internal investigation;

1. Application of Acts and subordinate statutes to photographs and records of drinking alcohol measurement, field photographs, vehicle photographs, and diagnostic certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.