(영문) 서울북부지방법원 2018.12.20 2018고단4559

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.12.20 2018고단4559

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 28, 2018, the Defendant driven a C Track Motor Vehicle under the influence of alcohol content of about 0.130% from a Do located in the Dongdaemun-gu Seoul Metropolitan Government Jeondong to the 2nd class road located in Seongdong-gu 328, Seongdong-gu, Seoul, for approximately 500 meters to the 328rd class road.

2. On August 28, 2018, around 21:55, the Defendant driven a car as specified in paragraph (1) while drunkly driving the horse 2, 328, the head of Seongdong-gu Seoul Metropolitan Government, with a alcohol concentration of 0.130% in blood, and led the Defendant to drive the car in the direction of the horse in the direction of the head of the new return distance.

At the time, the passage of the front door of the road was the night, and the front door of the road was above the bridge. In such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes of the vehicle with the front door while accurately operating the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the victim D(50) rocketing taxi under the stop for signal waiting due to negligence in failing to properly operate the brake system.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, and suffered injury, such as the victim F (25 Do) and the victim G (26 Do) who are the passengers of the said taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the occurrence of each traffic accident in F and G;

1. Report on the occurrence of a traffic accident;

1. A report on the detection of a driver at driving, a report on the circumstances of the driver at driving, and an investigation report (the report on the circumstances of the driver at driving at driving at driving);

1. Each written diagnosis (38,43,47 pages);

1. Application of video CD-related Acts and subordinate statutes at the time of crime;

1. Relevant provisions of the Act concerning facts constituting an offense;

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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