beta
(영문) 춘천지방법원 영월지원 2019.10.01 2019고단304

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

1. Around 19:05 on June 5, 2019, the Defendant driven a FM5 vehicle under the influence of alcohol content of approximately 0.177% from the 1km section from the road front of the C cafeteria located in Gangwon-gun B to the Ehhy road located in the same Gun D. In addition, the Defendant driven a FM5 vehicle under the influence of alcohol content of about 1km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving FST5 automobiles.

On June 5, 2019, at around 19:11, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.177% and was under the influence of normal driving, but the Defendant driven the said car, and led it to drive the road front of the Egrh class D in the Young-gun, Gangwon-gun, to the Young-gu prison from the G side.

Any person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to safely drive the motor vehicle in compliance with its rules by accurately operating the steering system, brakes and other devices of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the victim H (the age of 29) who was under way due to the negligence in the course of the duty driven by the center line while driving the center line, and received the part of the left-hand door of the passenger car driving by the Defendant as the top-hand part prior to the left-hand side of the passenger car.

As a result, the Defendant suffered injury to the victim, such as chests and tensions in need of treatment for about two weeks, and in detail, the Defendant suffered injuries.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, statement on the situation of the occurrence of a traffic accident, report on the circumstantial statement of a chief driver, report on internal death (the results of appraisal of blood alcohol), and report on internal death (Attachment to a medical

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) on criminal facts and Article 148-2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 201