(영문) 서울서부지방법원 2018.06.12 2017고단4031

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자간(%)

(영문) 서울서부지방법원 2018.06.12 2017고단4031

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around November 23:36, 2017, the Defendant driven a Esch Rexn vehicle under the influence of alcohol concentration of about 0.146% from the 4km section from the Jongno-gu Seoul Metropolitan Government road to the front side of Mapo-gu Seoul Metropolitan Government road.

2. The Defendant is a person who is engaged in driving a motor vehicle with Esch Rexroths in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.146% during blood transfusions, and led to the driving of the said car at an influent speed depending on one of the second two lanes, namely, the front side of Mapo-gu Seoul at the present elementary school from the front side to the front side of the church as the front side of the present elementary school.

At the time, vehicle signal apparatus is installed at night, and at all times, in such a case, the driver of the vehicle has a duty of care to ensure safety distance to avoid when the driver of the vehicle stops the vehicle well, to ensure safety distance to avoid when the driver of the vehicle stops the vehicle, and to operate the steering and operation of the steering system accurately.

Nevertheless, the Defendant neglected this and did not recognize the suspension of prior vehicles under the influence of alcohol, and received a part of the GL (37 S) driving of the victim FF (37 S) to stop in accordance with the traffic signals due to negligence while driving.

As a result, the Defendant, while driving a car in a situation where normal driving is difficult due to the influence of drinking, suffered injury such as salt, tension, etc. in the ceiling pipe, which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report on the actual condition of a traffic accident, inquiry into the results of crackdown on drinking driving, and a statement on the situation of a driver driving;

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.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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