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(영문) 서울남부지방법원 2019.07.18 2019고단2541
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 one year 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) was a person who is engaged in the driving of BMF5 vehicle, and the Defendant driven the said vehicle while under the influence of alcohol at around 01:20 on May 5, 2019, while driving the said vehicle at around 0.159% of blood alcohol concentration, and proceed directly along the right-hand intersection from D bank to the left-hand distance.

At this point, the center line is marked on the surface and traffic is divided, the driver of the motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and since the center line marked on the surface is installed, the driver of the motor vehicle has the duty of care to drive the motor vehicle thoroughly and safely.

Nevertheless, the Defendant neglected this and proceeded straight on the left-hand lane to the left-hand left-hand edge, and led to the negligence that led to the direction of the left-hand left-hand edge of the sub-median line, the front part of the FMW passenger car driven by the victim E (year 30) who stops in the signal atmosphere was shocked by the front part of the Defendant vehicle

The Defendant, by occupational negligence, sustained injury to the victim E, such as salt bars and tensions, which requires a stable price for about two weeks, and injury to the victim G (V, 31 years old) who was on board the victim’s winghead, thereby requiring a stable price for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle at a section of about 500 meters from the front of Yangcheon-gu Seoul to the front of the same H, while under the influence of alcohol with a blood alcohol concentration of 0.159% at the time and time specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report, a fact-finding report, a fact-finding driver's circumstantial statement, a report on detection of a host driver, and a black and video CD;

1. Each written diagnosis;

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