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(영문) 서울동부지방법원 2017.08.30 2017고단1943

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

The defendant is a person who drives a cargo vehicle with a tonnage of B1 ton.

On May 20, 2017, the Defendant was unable to normally drive under the influence of alcohol 19:20 percent (0.141%) of the first day of blood alcohol concentration in light of the blood, but the Defendant was driving at a speed below the two-lane of the first two-lane of the second two-lane in the direction of the ecological park in Gangdong-gu Seoul Metropolitan Government (Road 38-4).

At that time, traffic signals, etc. are installed in a three-distance where vehicle traffic is frequent, so in such a case, the driver has a duty of care to maintain the safety distance and to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected to do so and led the back part of the DNA passenger vehicles to the front part of the vehicle, while driving the victim C (50 years old, South) waiting for the front line due to occupational negligence.

Thus, the victim suffered bodily injury that requires approximately 3 weeks of treatment due to the salt, tensions, etc. of the franites, from the franchise E (67 years of age, south) to the finites, tensions, etc., from the finites that require two weeks of treatment, from the finites of the finites (45 years of age, finites) to the f in need of three weeks of treatment due to the salt, tensions, etc. of the finitese at the finites of the finites, and from the finites of the finites (20 years of age, fins) to the f in need of two weeks of treatment; and from the finites of the finites (23 years of age, south) to the f in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of an accident;

1. Application of Acts and subordinate statutes, such as a report on driving, suspension of drinking, and application of each written diagnosis;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;