(영문) 서울동부지방법원 2018.01.26 2017고단3903

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자간(%)

(영문) 서울동부지방법원 2018.01.26 2017고단3903

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. On September 16, 2017, the Defendant driven a B K5 vehicle while under the influence of alcohol content of about 0.165% in the 2km section from the comprehensive playground distance in Songpa-gu Seoul Olympic Games to the 16th ethm dong-ro in the same Olympic Games.

2. Around September 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said K5 vehicle at a speed of about 20km in the direction of the locking market in the direction of the locking market by driving the said K5 vehicle under the influence of alcohol content 0.165% in blood.

At the time, there are nights, and there are other vehicles in front, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the brake system, while accurately operating the other vehicles in the front side, and by controlling the speed in advance and safely.

Nevertheless, the Defendant neglected this and failed to timely operate the operation of the brake system under the influence of alcohol and caused the Defendant to go ahead of the said K5 passenger vehicle in front of the victim C(31) who was driven by the said K5 passenger vehicle in front of the said K5 passenger vehicle, and thereby caused the fK5 taxi driver who is driven by the said vehicle in front of the said K5 passenger vehicle.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim G (V, 25 years old) who is the passenger of the victim C and the said K5 taxi, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A report on the detection of a primary driver;

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

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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