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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단538

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On October 20, 2017, the Defendant, while under the influence of alcohol level of 09:15, 09:256% from blood alcohol level, driven B-low-income motor vehicles as his duties, and proceeded at a speed of non-speed in the speed of the city between the two-lanes in the direction of sub-section 1528 in Hongsung-gun, Hongsung-gun, a flow-ro 1528 road.

At the same time, there are near the intersection where signal lights are installed, and there was a vehicle in the signal waiting.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by reducing speed and driving the vehicle safely by keeping it out well.

Nevertheless, while under the influence of alcohol, the Defendant did not discover the victim C (the South, the 41-year-old driving D) driver and proceeded without discovering the vehicle. The part of the Defendant’s driver’s seat before the driver’s seat of the vehicle led to the head of the damaged vehicle and the part behind the driver’s seat.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury such as crypists, etc. in need of two-day medical treatment for each of the victims and the victims E (V, 40 years old) by driving the motor vehicle, resulting in the injury of the victim and the victims of the damaged motor vehicle, such as crypists and tensions, the same F (V, 4 years old), and G (V, 2 years old) in need of two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving) shall be the same as the punishment provided for the above two crimes.