beta
(영문) 서울서부지방법원 2017.11.30 2017고단1733

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On October 25, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court (drinking driving). On March 29, 2013, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court.

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle with C low-priced typ.

On June 3, 2017, the Defendant driven the above vehicle in a state where it is difficult to drive normally due to the alcohol concentration of 0.140% during blood transfusion 05:5 on June 3, 2017, and made the turn to the left at the plane of Pyeongtaek-gu Seoul Metropolitan Government from the red control area.

There are two lanes in which bus exclusive lanes are installed, and there are two lanes, two lanes, and two lanes, two lanes, and two lanes, straight lanes, and two lanes, and in such cases, there are different signals, so the driver of the vehicle has a duty of care to select the lanes according to the moving direction and to safely proceed by observing the exclusive signals by each lane.

Nevertheless, the Defendant neglected this and went through a bus-only lane, while the bus-only lane signal was sent to the left at the right-hand left-hand turn in violation of this, and caused the injury to the victim E (25 years old) who was driven by the victim E (4 years old), victim H(37 years old), victim H(53 years old), victim J(53 years old), and victim K (37 years old), and victim K (37 years old) by taking the driver's car at the right-hand left-hand turn in the direction-hand left-hand turn in accordance with the new subparagraph on the road of Eunpyeong (25 years old), respectively, by taking the victim's G (44 years old), victim H(53 years old), victim J(53 years old), and tension for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, I, J, and K;

1. A survey report on actual conditions;

1. The situation report of the driver in charge and the driver in charge; and