beta
(영문) 대전지방법원 2019.06.13 2019고단715

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On November 15, 2010, the Defendant was sentenced to a summary order of KRW 2,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 15, 2010, and the same court on May 30, 2016 issued a summary order of KRW 4,50,000 to a fine for a violation of the Road Traffic Act (driving) respectively. On May 2, 2019, the Defendant appealed from the Jeonju District Court’s Branch Branch on May 2, 2019, and was tried at the Jeonju District Court at the present Jeonju District Court.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B-to-purd.

The Defendant, at around 05:10 on November 21, 2018, driven the said vehicle at a speed of 0.151% in a state where it is difficult to drive the vehicle normally while under the influence of alcohol at a level of 0.151% of blood alcohol level, while driving the said vehicle at a speed of 4 lanes in front of Daejeon-gu Daejeon, Daejeon along the four-lane from the center distance to the safe IC.

The intersection was caused by the intersection.

At night, the above four-lanes were exclusive lanes prior to right-hand, and the cross-sections were narrow at the two-lanes, so there was a duty of care to reduce the speed for those who are engaged in driving of a motor vehicle, to properly operate the steering gear and the brakes, and to prevent accidents by properly operating the steering gear and the brakes in accordance with the lane.

Nevertheless, the Defendant neglected this and did not make a bypassing of alcohol, and instead entered the two-lanes of the width of the cross-sections into the side of the two-lanes of the intersection, or by negligence, went into the two-lanes, and received the part of the victim D(27 years old) in front of the right-hand part of the motor vehicle of the victim D(27 years old) which was normally operated on the left-hand side of the Defendant’s proceeding direction, as the part following the Defendant’s left-hand side of the motor vehicle.

Ultimately, the Defendant’s negligence on the part of the above occupational negligence caused the victim D to take approximately 12-day medical treatment to the victim F (5 years of age) in terms of salt, spons, etc., and the victim F (55 years of age).

참조조문