beta
(영문) 서울남부지방법원 2014.09.18 2014고단2648

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two 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 (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On June 10, 2014, at around 02:05, the Defendant driven the said car while under the influence of alcohol of 0.161% with a blood alcohol concentration of 0.161%, and driven the road in front of 36,000, Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 57-ro from the apartment bank of the apartment complex in the ayang 4-ro complex to the aerogate, and led the Defendant to make a right-hand at the entrance of the apartment complex in Yangyang-5 apartment complex.

At night, there are two-lanes on the road, and there are two-lanes on the road, so the person engaged in the vehicle driving duty is obliged to reduce the speed and properly operate the brake and steering gear, to change the vehicle into one lane, and to safely make a bypassing the vehicle.

Nevertheless, as seen above, the Defendant was driven by the victim C (the 59-year-old) (the 59-year-old) who was stopped on a two-lane road due to the influence of drinking, by negligence, while the Defendant was unable to drive normally due to the influence of drinking, with the front part of the Defendant’s driving in front of the right-hand part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same place, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of about 0.161% in the section of about 1k from the same 57-gil-ro, Gangseo-gu, Seoul to the same 36-lane-ro, Yangyang-ro, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.