beta
(영문) 대전지방법원 천안지원 2016.10.27 2016고단1518

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a rocketing car.

On August 10, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.159% of blood alcohol concentration on August 21, 2016, and changed the lane into two lanes while driving the three-lane road in front of the E dormitory located in Asan City D along the one lane in the direction of transmitting from the surface of the sound string direction.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by driving the direction, etc. in advance, giving prior notice of change of course, and by safely driving the two-lane traffic situation.

Nevertheless, the Defendant neglected this and caused the victim F (38 years of age) who was normally driven by the victim FF (38 years of age) due to the negligence of changing the tea line as it was, followed by the left-hand side of the G Sitter car operated by the Defendant, and shocked the part above the right-hand part of the Gitter car operated by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as brain-dead, which does not have any wife in two open for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving C rocketing car at approximately 10 K K m from the front of a cafeteria in the mutual influence of 0.159% of the blood alcohol concentration at the time and time specified in paragraph (1) to the front of the E dormitory as specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the F;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving and driving, and reports on the situation of drinking drivers;

1. Entry and video of the traffic accident report;

1. Each description of a written diagnosis and written estimate;

1. Application of statutes on images of field photographs;

1. Criminal facts;