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(영문) 서울서부지방법원 2020.10.22 2020고단2624
특정범죄가중처벌등에관한법률위반(위험운전치상)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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving Category B motor vehicles;

On April 26, 2020, the Defendant driven the said car under the influence of alcohol of 0.170% with a blood alcohol concentration of 0.170% on Apr. 26, 2020, and continued the three-lane roads in front of Yongsan-gu Seoul Metropolitan Government from the Han River basin to the ethical basin.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle along the direction, etc. in order to prevent accidents by properly operating the steering direction and brakes, and when changing the vehicle, he/she has a duty of care to operate the direction, etc. in order to give an advance notice of change of course, and to change the vehicle line by properly examining the traffic situation of the front and rear left, and to change the vehicle line.

Nevertheless, the Defendant neglected this and proceeded along the two lanes with the three lanes, and changed the course to the three lanes as is, and was stopped in the three lanes, the part of the victim D(63 years old) E taxi driving in front of the left side of the Defendant’s driver’s car was placed in front of the two lanes of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans, tensions, etc., in which the said car needs to be treated for about two weeks, injury to the victim F (F, 28 years of age) who was on board the said victim’s driver’s vehicle, such as light drums, tensions, etc., in need of approximately two-day medical treatment, and injury to the victim G (V, 33 years of age) such as light drums, tensions, etc., in need of approximately two-day medical treatment, and injury to the victim H (V, 31 years of age) such as light dynas, tensions, tensions, etc.

2. The Defendant violates the Road Traffic Act (driving) at the time and time set forth in the above paragraph (1), is drunk with a blood alcohol concentration of about 0.170% from the 1km section from the front of Yongsan-gu Seoul to the front of Yongsan-gu Seoul Metropolitan Government C.

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