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(영문) 전주지방법원 2017.12.26 2017고단1587

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is also a person who is engaged in driving a motor vehicle in CCo.

On August 4, 2017, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.137% during blood transfusion at around 02:35, while driving the said vehicle in a state where normal driving is impossible due to the influence of alcohol, and driven the 270-line width width in the front city, Nowon-gu, Seoul Special Metropolitan City, using five-lanes among the five-lanes of the tunnel shooting distance in the front city. At the same time, signal lights were installed in the front bank.

In such cases, there was a duty of care to prevent accidents by properly observing traffic laws and regulations, and by accurately manipulating the steering direction and brake system before and after the driving of motor vehicles.

Nevertheless, due to the negligence of the Defendant’s failure to perform such duty of care due to the influence of alcohol as above, the Defendant entered the intersection as it was, and caused the Defendant’s injury to the Victim D (Y, 79 years old)’s Eystren car, which was left right from the left side of the Defendant’s front bank in accordance with the direct Jin New, by taking the Defendant’s car into the victim’s chere as a passenger car, and suffered from the Defendant F (V, 71 years old), who is the passenger of the victim D and the said rocketing car, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a car on the road of approximately 3 km section from the Defendant’s house located in Yasan-gu G in the Jeonju-si to the place stipulated in paragraph (1), while under the influence of alcohol 0.137% during the day-to-day alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the victims;

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

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

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Application of the statutes of the response request for appraisal;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes