beta
(영문) 서울남부지방법원 2020.08.20 2020고단525

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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) (the Defendant, who is engaged in driving of BPoter 2 cargo vehicles, was driving the above vehicle around 15:50 on December 15, 2019, and was driving the front road of Guro-gu Seoul along the two-lanes of three-lanes from the breadth of the Gu road to the luminous area.

In such a case, the driver had a duty of care to safely operate the steering system by properly manipulating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.210%, was driven by the victim D (Woo 54 years old) who was stopped in the front bank due to negligence while driving in the state of being under the influence of normal operation due to the blood alcohol concentration of 0.210%, brought the vehicle back to the front part of the Defendant’s vehicle.

The Defendant, by such occupational negligence, suffered from the injury of the victim F (V, 79 years old), the victim G (n, 59 years old), the victim H (n, 54 years old), and the victim I (n, 48 years old), each of which requires approximately two weeks of medical treatment.

2. On October 29, 2014, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Fact-finding 【The Defendant driven the above cargo vehicle under the influence of alcohol concentration of 0.210% from a section of approximately 2 km from the road in front of the Guro-gu Seoul Metropolitan Government Station to the front of the same Gu C at the time and time as indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report, a statement on the occurrence of a traffic accident (victims), a photograph of the damaged vehicle image booms, a photograph of the damaged vehicle;

1. The circumstantial statement of a drinking driver, the investigation report (the circumstantial report of a drinking driver), the results of the crackdown on drinking driving;