beta
(영문) 대전지방법원 천안지원 2017.09.29 2017고단1575

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 11, 2017, the Defendant driven the above car at around 15:25, while driving it from the West-gu, south-gu, Dong-gu, Dong-gu, the Defendant proceeded to C(IC) on the right side of the “D” way from the West-gu, Nam-gu.

Since the place is a six-lane road from which the passage of the vehicle is high, there was a duty of care to care in preventing accidents by properly operating the steering and steering system for the person engaged in the driving of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operating the steering system under the influence of alcohol, and due to the negligence of not operating the steering direction and operating the steering system properly, the Defendant was placed in the front part of the car driven by the Defendant as the front part of the car driven by the Defendant, which was the victim E (W, 45 years old) who was standing in the signal atmosphere from the front side of the driving direction.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. of the trend that requires approximately three weeks medical treatment.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven a cuber driver’s vehicle under the influence of alcohol leveling 0.208% from the 20km section of approximately 20km to the place indicated in the above paragraph 1 at the time of the day set forth in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and each photograph;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.