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(영문) 서울서부지방법원 2018.04.05 2017고단3849
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of B cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving)

On November 26, 2017, the Defendant, while under the influence of alcohol level of 02:15, 02:138% during blood transfusion, turned down the said vehicle at a back-road side from the parking lot located in front of Mapo-gu Seoul Metropolitan Government at a 0.138% level.

In such cases, a driver of a motor vehicle has a duty of care to accurately operate the steering system and brake system of the motor vehicle, and to properly report the traffic situation in the rear and prevent accidents in advance.

Nevertheless, the Defendant, under the influence of drinking, neglected to drive normally due to the occupational negligence, such as influening a light with red color, and neglected to do so, and the rear side road was faced by the occupational negligence, and collisioned by the Defendant’s left-hand part following the Defendant’s left-hand side of the Do driving, which was proceeding in the direction of the network center in the direction of the network center, from the intersection.

As above, the Defendant suffered from the injury of the string of the above D driving by his negligence on the back seat of the front seat of the D driving, which was on the ground of his occupational negligence, for about two weeks of treatment. In addition, the Defendant suffered from the injury of the string of the 24 years of age, the string and the string of the string, and the right string.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle B at a parking lot located in front of Mapo-gu Seoul Metropolitan Government, while under the influence of 0.138% alcohol level during the day-to-day alcohol level as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 (2) of the Road Traffic Act concerning the crime.

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