beta
(영문) 서울서부지방법원 2017.04.20 2016고단4111

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 6, 2016, 12:22 around 12:2, 2016, the Defendant driven the above vehicle while under the influence of alcohol concentration of 0.221% in the blood while driving the vehicle in front of the Gu-Uirsu (YY) 124, as the Mapo-gu Seoul, with the influence of alcohol concentration of 0.221% in blood, and proceeds along the two-lanes of the two-lanes of the two-lanes from the 7rd bank of the World Cup World Cup.

In such cases, there was a duty of care to prevent accidents by emphasizing the front side and accurately manipulating the steering and brakes to those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(33 tax) who was under a stop in accordance with the new subparagraph due to negligence when he neglected his duty of care in the front place, and was driven by the Defendant in front of the car that the Defendant was driving.

As a result, the Defendant suffered injury to the victim D such as salt, tension, etc. in a state where normal driving is difficult due to the influence of alcohol due to the foregoing occupational negligence, such as the injury of the victim F (F, 55 years old) who was boarding the Efrane car, such as salt, tension, etc. in need of approximately two weeks of treatment, and injury to the victim G (P, 2 years old) in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a Cchier car under the influence of alcohol with approximately 0.221% alcohol concentration in blood from approximately 6 km section from the French-gu, Soyang-gu to the place of accident as stated in paragraph 1 at the time of the day indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. A traffic accident report;

1. Each written diagnosis;

1. The investigation report (the person against whom the report is made);