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(영문) 서울북부지방법원 2019.01.10 2018고단3598

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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 B Belgium car.

On May 2, 2018, the Defendant driven the said car at a speed that is difficult to drive normally due to influence of drinking, such as snow-routing with red faces around 03:40 on May 2, 2018, and driven the three-lanes of the said car at the Hancheon-ro 105-ro 23, Hancheon-ro 200, 3-lane from the side of the C University at a speed that is visible along the three-lane distance.

At the time, since it is a night and an intersection where a signal is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is not driving in the state of drinking, but in order to prevent an accident by safely driving pursuant to the signals.

Nevertheless, the Defendant did not find a victim D(54 years old), which was under the influence of alcohol and left left to the west line from the opposite side of the said vehicle due to the failure to enter the intersection while driving the vehicle, while driving the vehicle under the influence of alcohol, and was in front of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the peltoma and the peltoma of the peltoma that require approximately eight weeks of treatment, and the peltoma of the peltoma.

2. Around 03:40 on May 2, 2018, the Defendant was under the influence of alcohol by 0.171% on blood alcohol level, and the Defendant driven a B Belgium car at the section of about 1km from the front of the boundary line in the vicinity of Seongbuk-gu Seoul, Gangnam-gu, Seoul to the monthly intersection in the 2nd intersection in the north-gu, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of the police statement regarding D (Simplified protocol);

1. A traffic accident report (1) (2);

1. A medical certificate;

1. A report on detection of a host driver;

1. An accident-related photograph;

1. The application of the Act on Report of Investigation (Report on the Circumstances of Exemplary Drivers) 1.