beta
(영문) 의정부지방법원 2017.04.19 2016고단5263

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

Where the above fine is not paid by the defendant, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 28, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving a BSS5 car at around 21:40, and driving the BMF5 car at around 21:0, the Defendant continued the secondary road prior to C in both weeks at the speed of the Si-speed, depending on the speed of the police box, from the area of the police box box for showing at the seat of the guard.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 정상적인 운전이 곤란한 상태에서 운전하여 피고인의 진행 방면 좌측에 설치된 중앙 분리대를 충격하고 튕겨 져 나오면서 같은 방면 2 차로에서 진행하던 피해자 D(30 세) 이 운전하는 E 체어 맨 승용차의 좌측 앞 바퀴 부분을 피고 인의 승용차 우측 뒷 바퀴 부분으로 충격하였다.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as salt, tension, etc., of the chill that requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car under the influence of alcohol at approximately 0.152% of alcohol concentration in blood on the section of about 5 kilometers from the front day of the pentari-ri 237-5 Master Training Center in Yangju-si to the front day of the penta-ri-si in Yangju-si, a profit-making 21-8, a profit-making recreation park in Yangju-si, to the front day of the tri-si, a profit-making one.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. A report on the occurrence of a traffic accident (the initial operation);

1. The circumstantial report of the driver employed at the main place;

1. A report on whether to drive any danger;

1. A written statement on the occurrence of traffic accidents;

1. The photograph of the vehicle;