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(영문) 서울중앙지방법원 2020.01.09 2019고단1087
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a Bsch Rexroth car.

At around 08:30 on November 22, 2018, the Defendant driven the said car while under the influence of alcohol of 0.231%, and led the four-lanes of the six-lanes in front of Gwanak-gu Seoul Special Metropolitan City to the scarcity from the scarcity distance.

Inasmuch as the driving of the victim D(n, 45 years old) was followed by the E-3 vehicle of the victim D(n, 45 years old) driving, the person engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle by examining well the right and the right of the front.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty at the front-time, and caused the Defendant’s injury to D and the Victim F in need of a two-day medical treatment of D and F in need of a two-day medical treatment. The Defendant’s injury to D and F in need of a two-day medical treatment to the Defendant’s driving of the Defendant, following the Defendant’s driving of the Defendant’s driving of the Defendant’s driving of the Defendant’s driving of the Defendant’s driving of the Defendant’s driving of the instant K3 vehicle. The Defendant got the victim’s driving of the said 3 vehicle by driving the Defendant’s driving of the Defendant’s driving of the Defendant’s driving of the 3rd vehicle. The Defendant caused the Defendant’s injury to D and F, as a consequence of the instant 3rd vehicle.

As above, the Defendant driven a motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, thereby causing each injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Written statements of victims;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)1 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.

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