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(영문) 서울동부지방법원 2018.10.05 2018고단2535

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

1. The Defendant is a person who is engaged in driving a BM vehicle owned by himself/herself in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 20, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.117% in blood at around 23:01, while making it difficult for the Defendant to drive the vehicle normally, and made the left turn to the left in the direction of the village distance in the direction of the ecological park in the direction of the Songpa-gu Seoul, Mcheon-dong along the four-lanes near the southwest-dong, Gangdong-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure that he/she is obliged to take the front side and right side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to turn to the left by making a large radius of the front half at all times, and received the left part of the back part of the victim C(58 years old) driving in the direction of the village shooting distance located at the two-lanes of the same direction as the front part of the BM vehicle.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to the above occupational negligence.

2. On June 20, 201, the Defendant: (a) driven BMW vehicle under the influence of alcohol by 0.117% from the 2km section of blood alcohol concentration from the 2km section from the 2km road located in Songpa-gu Seoul Metropolitan Macheon-dong to the west-do road adjacent to the southwest-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Investigation report (No. 6 times a year);

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, records on drinking records, reports on the detection of drivers engaged in driving, and circumstantial reports on drivers engaged in driving;

1. Vehicles and on-site photographs;

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

1. Relevant provisions of the Act concerning facts constituting an offense;