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(영문) 서울동부지방법원 2018.07.13 2018고단1358

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around March 19, 2018, the Defendant violated the Road Traffic Act (drinking) driven a car with alcohol content of about 0.138% from the 10km section of blood while under the influence of alcohol content from the 10k section to the road of about 4-lane Do-dong, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to 426 Gangnam-gu, Seoul, for a 10km-ro, Seoul, for a 10km-ro.

2. Around March 19, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the motor vehicle listed in paragraph (1) with a four-lane-lane-of-lane-of-faced road under the lock-gu Seoul Olympic Games as of March 19, 2018, while under the influence of alcohol content 0.138% in blood, and led the Defendant to drive the motor vehicle as set forth in paragraph (1) with a four-lane-by-faced side from the south south bank of Gangnam.

It is a four-lane road that has a large traffic volume of vehicles. In such a case, there was a duty of care to prevent accidents in advance by properly manipulating steering devices and brakes according to signal and traffic conditions while living well on the driver of the vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 전방 주시의무를 태만히 하고, 운전 중임에도 스마트 폰을 조작하다 조향장치를 제대로 조작하지 못한 과실로 피고인의 승용차로 우측 가드레일을 들이받고, 이어서 그 충격으로 3 차로로 튕겨 나왔다가 다시 4 차로로 급격히 차선을 변경한 과실로 마침 4 차로를 따라 진행하던 피해자 C( 여, 61세) 이 운전하는 D SM5 승용차의 앞 범퍼 부분을 피고 인의 차량 우측 앞 휀 더 부분으로 들이받았다.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The report on traffic accidents (the actual survey report);