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(영문) 서울동부지방법원 2017.11.30 2017고단3244

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 engaged in driving a B-car.

On September 27, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.277% during blood transfusions on September 17, 2017, and continued two lanes, as in Songpa-gu Seoul, in front of the intersection of the 221 ambi-gu Seoul, along with the two-lanes of the three-lanes of the 221 ambi-si in front of the 221 ambi-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system of the motor vehicle in a normal state without any influence of alcohol, drugs, etc. and to prevent accidents in advance by safely reporting the traffic conditions on the front side and the left-hand side.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in performing the duty of an all-way driving in a situation where normal driving is difficult, and the Defendant was found to have been driven by the victim C while waiting in the two-lane, and the part behind the vehicle in front of the Defendant driving.

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

2. On the date and time set forth in paragraph 1, the Defendant driven B k5 car under the influence of alcohol with approximately 0.277% alcohol concentration in blood on the section of approximately 1.6 km from the fall market located in 932, as Seoul Songpa-gu, to the road set out in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Investigation report on the actual condition of a traffic accident, report on the situation of a driving driver, report on the circumstances of a driving driver, inquiry of the results of crackdown on drinking, notification of the results of crackdown on driving under drinking, and the application of the above dmark formula;

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.