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(영문) 서울서부지방법원 2019.01.31 2018고단3946

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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B rocketing and other automobiles.

On October 28, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.194% with a blood alcohol concentration of 0.194% on 12:30 on October 28, 2018, and the red luminous off section from the center of the city of Seodaemun-gu Seoul was proceeding to the red luminous distance from the boundary of the red sular tunnel.

At the same time, vehicles were in the front of the vehicle due to traffic congestion, so in such cases, the driver had a duty of care to look at the front line well and to prevent accidents by accurately manipulating the operation and steering gear of the vehicle and to prevent accidents.

Nevertheless, the Defendant: (a) neglected to drive a car in a state where normal driving is difficult due to influence of drinking such as driving, such as driving a horse, without being negligent in driving the vehicle in the front direction of the vehicle; and (b) received the back part of the driver’s vehicle C (the age of 47) driving of the victim C (the age of 47) who stops in the front direction of the vehicle of the Defendant.

Ultimately, the Defendant driving the said vehicle in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as salt pans, tensions, etc., in need of treatment for about two weeks in the above C, and the victim E (the 40-year-old person) who is the passenger of the said C’s vehicle, suffered bodily injury, such as light drums, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the preceding paragraph, driven B rocketing car with a blood alcohol concentration of about 0.194% in the section of about 10km from the street near the river basin located in Gangnam-gu Seoul Metropolitan Government to the road in front of the 13-lane.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1), (2), and a report on detection of a driver;