beta
(영문) 서울북부지방법원 2017.08.17 2017고단2437

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 2017, the Defendant driven CMW car under the influence of alcohol content of 0.165% while under the influence of alcohol without obtaining a driver’s license from the influence area of the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the front road of the Seoul Jung-gu. On May 20, 2017, the Defendant driven CM car under the influence of alcohol content of 0.165%.

2. The Defendant is a person engaging in driving a vehicle with CMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 20, 2017, the Defendant, as described in paragraph 1 of around 07:20, was under the influence of alcohol without obtaining a driver’s license, led the front road of Seoul Jung-gu to the parallel of the parallel of the alcohol concentration between blood and blood.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, is driving ahead of the same room due to negligence while neglecting the above duty of care as mentioned above, and was waiting for a vehicle stop signal by the victim D(60 ) driving, followed the part of the Defendant’s driver’s bM car in front of the Defendant’s bM car.

As a result, the Defendant driven the said BMW car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the Defendant, such as the cryp, the cryp, the cryp, the cryp, and the cryp.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of D;

1. A survey report on actual conditions;

1. A statement on the actual state of the driver placed in the main place;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Commercial concurrence;