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(영문) 서울중앙지방법원 2019.01.24 2018고단7590

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

except that 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 a motor vehicle B.

Around 04:55 on October 6, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.14% with a blood alcohol concentration of 0.14%, and, depending on the one-lane, 5-lane 320-1 ahead of the Seoul Jung-gu, Jung-gu, Seoul, along with a single-lane, got to turn to the left at the right of 5-lane 4 from the intersection through the intersection while the Defendant proceeds from the speed of 320-1 to the right of way.

Since there is an intersection where signal apparatus is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing speed and checking well the front side of the motor vehicle, and there was a duty of care to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant, even though he neglected to turn to the right and left, was taken to turn to the left, and the victim C(60 years of age) who was proceeding along the intersection according to the straight-on signal at the right and left turn to the left, went to the right ahead of the driving car of the Defendant.

As a result, the Defendant driven a vehicle in a state where it is difficult to drive the vehicle normally, and suffered from the climatic and the left-hand sludge in need of a medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time of the opening of paragraph (1) of this Article, while under the influence of alcohol with a blood alcohol content of 0.14% at the same time, the Defendant driven a B-purd vehicle from the front side of the Jung-gu Seoul East East East Eastern Zone to the intersection of approximately 320-1 compost-ro 5, Jung-gu, Seoul, Jung-gu, Seoul, to the intersection of approximately 600 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee will be made; and