beta
(영문) 서울동부지방법원 2018.08.23 2018고단2107

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 who is engaged in driving with C-wheeled Motor Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 8, 2018, the Defendant driven a wheeled vehicle with alcohol content of 0.156% in blood around 14:00, while under the influence of alcohol, and led the Defendant to drive the dial vehicle in front of the building in front of the building in the East-gu Seoul Metropolitan Government, as both Songpa-gu and Songpa-gu.

At all times, there is a crosswalk on which signal lights are installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in compliance with the signal signals.

Nevertheless, the defendant neglected to perform sob and neglected to use a red signal while driving, caused the victim D(30) and E(32 years old) to walk the crosswalk in accordance with the pedestrian signals from the left side of the driving direction to the right side of the road, and caused the victim D(30) and E(32 years old) to the right side.

As a result, the Defendant driving a two-time motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury, such as the complete string, salt, etc., prior to the right side in need of treatment for about two weeks, and the above E suffered injury, such as the string of the upper half of the right side in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said C-wheeled vehicle under the influence of alcohol with approximately 0.156% alcohol concentration from the four-lane section from the date and time as set forth in the preceding paragraph, the date and time, and on the roads before the Ulsan National University, Sungnam-si, Ulsan-si, Seoul, to the 932 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, and D;

1. A traffic accident report and a report on the detection of a primary driver;

1. An accident scene photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 and Article 148-2 of the Road Traffic Act.