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(영문) 서울북부지방법원 2017.05.23 2017고단1081

특정범죄가중처벌등에관한법률위반(위험운전치상)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 of C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 7, 2017, the Defendant driven the foregoing cargo vehicle with alcohol content of 0.180% in a state where normal driving is impossible due to the influence of alcohol at around 22:00, and led the Defendant to drive the above cargo vehicle on a one-lane road in front of the Seoul Northernbuk-gu Seoul Metropolitan Government as a monthly-way forest blusium in Northwest-gu.

In this case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the brakes and other devices of the vehicle in the case of the driver of the vehicle, because the vehicle in front of the intersection where the signal apparatus is installed was in the presence of a signal signal signal signal in accordance with the stop signals.

Nevertheless, the Defendant neglected this and failed to accurately operate the brakes, and received a Fsch Rexn vehicle back to the passenger vehicle operated by the victim E (30 cc) who is waiting for signal at the front section of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately two weeks of medical treatment, and the pelvise’s salt, due to the above occupational negligence.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the Poter truck with alcohol content of 0.180% under the influence of alcohol at the time, place, and blood time as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standard of sentencing for the reason of sentencing under Article 62-2 of the Criminal Code of the community service order and the order of lecture attendance [type] traffic is general.