beta
(영문) 수원지방법원 성남지원 2017.09.07 2017고단1704

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 위험 운전 치상) 피고인은 2017. 5. 25. 19:40 경 C 그랜저 승용차를 운전하다가 광주시 중대동에 있는 텃 골마을 입구 사거리 교차로를 한 사랑 스튜디오 방면에서 3번 국도 방면으로 좌회전하게 되었다.

In such a case, the driver of a motor vehicle must check whether there is a person passing the intersection by examining the front side and the left and right of the motor vehicle without alcohol, but the defendant did not look at the front side and the left and right of the victim D (48 years old) crossing the said intersection while it is difficult to drive the motor vehicle normally while under the influence of alcohol of 0.170% of alcohol during the blood, and did not see the upper part of the victim D (48 years old) crossing the said intersection with the front part of the said motor vehicle and caused the victim's face to face on the ground floor.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, which requires approximately six weeks of medical treatment.

2. Around 19:40 on May 25, 2017, the Defendant driven a C-ho vehicle under the influence of alcohol with a alcohol content of 0.170% on the roads of approximately 1km from the wind-ro fish house in Gwangju-si, to the above intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident occurrence report, a statement on the circumstances of the driver at home, and an investigation report (a report on the circumstances of the driver at home);

1. A medical certificate;

1. Application of photographs, such as the scene of an accident, CCTV closure photographs and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.