beta
(영문) 대전지방법원 천안지원 2020.02.05 2019고단2225

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

The defendant is a person who is engaged in driving a Bran vehicle.

On August 7, 2019, at around 23:26, the Defendant driven the said car with a blood alcohol concentration of 0.206%, and made it left left to the left at the ebbbbbb of an air ebbbbs, from the ebbs of the lower bank located at the south East-do hot spring as it is located at Asan City.

At the time, a signal, etc. is installed at night and at front, so in such cases, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and keeping the signal well to the driver.

When the Defendant neglected to make a left turn due to negligence in contravention of the signal, and neglected to turn to the left, the Defendant was driven by the victim C(23 years of age) who was directly driven by the right straight line from the left side of the running direction of the Defendant in accordance with the right straight line in the direction of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Inquiry into the results of the crackdown on drinking driving, and requests for appraisal;

1. A medical certificate;

1. Application of seven-dimensional Acts and subordinate statutes to photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Traffic accidents caused by the defendant's drinking operation for sentencing of Article 62-2 of the Criminal Act.