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(영문) 서울서부지방법원 2018.02.20 2017고단3186
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 23, 2017, the Defendant driven the above car at around 02:00, and driven the road of 6-lane 3-lane 4, 196, both of which are 0.117% alcohol concentration in blood transfusion, and flowed along the two-lane 4-lane 196, both of which are 0.117% in total in Mapo-gu, Seoul.

In this case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely proceed according to traffic conditions by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected his/her duty to drive in a state where normal operation is difficult due to influence of drinking, such as influoring a red color belt, and also conflict with the part of the front part of the Defendant’s car after the victim C(54 ) driver’s fluora taxi in the same direction, which was in the atmosphere of signaling two-lanes.

Ultimately, the Defendant suffered injury to the victim E (the victim E (the age of 31), who was on board the damaged vehicle, such as chilled salt, tensions, etc. in need of a two-day medical treatment due to occupational negligence in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as chills, tensions, tensions, etc. in need of a two-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the B-learning car under the influence of alcohol content of about 500 meters from the front of the “bee D” club in Mapo-gu Seoul, Mapo-gu, Seoul, to the winter-ro 196, both at approximately 500 meters in a section of approximately 0.117% in alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on the actual condition of a traffic accident and a record of respiratory measurement;

1. Each written diagnosis;

1. The investigation report (the main driver's report);

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