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(영문) 서울동부지방법원 2018.09.13 2018고단1311
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 engaging in driving a vehicle C, who is a C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 7, 2018, while the Defendant was under the influence of alcohol content of 0.130% in blood around 00:45, the Defendant driven the said car from the front of the Gain market in Songpa-gu Seoul, Songpa-gu, to the front of the 331st Maro-ro, Seongdong-gu, Seoul, with a volume of approximately 10km, and led to the front of the 2nd Mao-ro in the Maro-ro located in Seongdong-gu, Seoul, with a volume of about 10km, the said 3-lane road was driven at a speed of about 30km in speed from the mari-dong market along the 3-lane towards the Mari-dong market.

At the time of night, the view is inferior, and there is an intersection where signal apparatus is installed in the front door, so in such a case, the driver of the motor vehicle has a duty of care to properly see the front door and prevent the accident by safely operating the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and received the part of the front door part of the victim's ECM 5 (S5) driving car driving by the Defendant, who was in line with the new head of the stop due to the influence of drinking, and was in line with the victim's ecM 5 (S5) driving by the Defendant, who was in line with the new head of the EcM 5 (S5) from the right direction right direction right direction direction direction direction direction direction direction of the stop while driving a car in a state where normal driving is difficult due to the influence of drinking.

Ultimately, the Defendant, by its occupational negligence, sustained the victim F (the age 42) who was accompanied by the said victim and the said CM 5 car from the victim F (the age 42) due to each of the above occupational negligence, suffered approximately three weeks of salt, tension, etc.

2. On April 7, 2018, the Defendant violated the Road Traffic Act (drinking driving) around 00:45, the Defendant is under the influence of alcohol with approximately 0.130% alcohol concentration in blood until the 331 Maro-ro Seoul, Seongdong-gu, the head of Seongdong-gu, Seoul, and the road front of the 2 teaching distance of the Maro-ro 331.

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