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(영문) 서울동부지방법원 2018.01.25 2017고단3906

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 vehicle B with low investment.

1. On September 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said vehicle on or around 01:07, while driving the said vehicle and driving the road on a one-lane road in front of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, which led to the turn to the left at the right turn to the unsurbed speed of the area of the subway.

At the time, night and there was an intersection where a red-off signal was installed, so in such cases, the driver has a duty of care to safely drive the vehicle in the surrounding areas so as not to receive any accident by safely driving the vehicle in the vicinity, such as making a move of another vehicle driving the intersection after temporary suspension to the driver, and accurately operating the steering system and brakes.

Nevertheless, the Defendant neglected to do so in a drunken state and proceeded as it is, while driving the victim D (43 tax) driving on the right side from the left side of the vehicle driving direction of the Defendant, received the victim's top door of the victim D (43 tax) as the front door of the car driving of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as crums, tensions, and so on, the victim F, who was on board the damaged motor vehicle, due to approximately two weeks of injury, by driving the motor vehicle in a state where normal driving is difficult, and taking about two weeks of injury, such as crums, tensions, and so on.

2. On the day specified in paragraph 1, the Defendant driven a B-hand car with alcohol content of about 0.136% in blood in the 3km section from the Do on the Pung-dong Pungdong, Songpa-gu Seoul, to the front road of Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report and a report on the detection of a primary driver;

1. Each written diagnosis;

1. Each of the Acts and subordinate statutes shall report the investigation.