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(영문) 서울동부지방법원 2019.09.10 2019고단2249

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a K3 car.

1. On June 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said K3-lane under the influence of alcohol concentration of 0.278% by driving the said K3-lane on June 13, 2019, and driving the said K3-lane road in front of Seongdong-gu Seoul Metropolitan Government along the 3-lane road from the northwest of the Diplomatic Zone to the northwest of the Diplomatic Zone.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle while normal driving is difficult due to influence of alcohol, and shall accurately operate the steering direction and brake system of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that may cause danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and shall not drive the motor vehicle at a speed or in a manner that impedes others according to the traffic conditions and the structure and performance of the motor vehicle, and shall have the duty of care to prevent accidents in advance

Nevertheless, the Defendant, while neglecting the influence of alcohol, neglected to stop at the front time, neglected to do so and stopped at the front of the victim D(the age of 53) driving, received the back portion of the victim D(the age of 53) driving, and got the victim F(the age of 53) driving G bargaining car to go ahead of the above K3 passenger car, and got the back portion of the victim F(the age of 53) driving car. The Defendant got the victim H(the age of 45) driving of the I TW XG driving.

Ultimately, the Defendant, through such occupational negligence, inflicted injury on the victim D such as salt, tensions, etc. in need of a treatment for about three weeks, and inflicted injury on the victimJ (the age of 26) who was on the said taxi, such as climatic salt, tensions, etc. requiring a treatment for about three weeks, injury on the victim F, such as climatic salt, etc., requiring a treatment for about two weeks, and two weeks to the victim H.