beta
(영문) 대전지방법원 논산지원 2016.06.28 2016고단147

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On November 2, 2006, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law in the support of the Daejeon District Court of Daejeon on November 2, 2006, and was sentenced to a suspended sentence of two years for a violation of road traffic law. On March 20, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law in the support of the Jeonju District Court of Seoul

[Criminal facts] The Defendant is a person who is engaged in driving a B rocketing car.

On February 29, 2016, the Defendant driven the said car under the influence of alcohol level of 0.213% during blood transfusions on February 29, 2016, and led to the front distance of the front place of the Songsan-si, Songsan-si, Songsan-si, at the time of clsan, to the front place of the front place of the Songsan-si.

At that time, the Defendant was in difficult condition to drive normally due to influence of drinking, so in such a case, the Defendant should not drive the vehicle, and the person engaged in driving service has a duty of care to accurately operate the steering system, steering system, brake system, and other devices of the vehicle, to drive the vehicle according to the structure and performance of the vehicle, and to safely drive the vehicle in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and neglected to turn to the left from the right side of the proceeding due to the failure to neglect the red signal of the proceeding direction, and the victim C(31C) who normally turn to the left from the right side of the proceeding to the left-hand turn, also received a full part of the car driven by the defendant.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of approximately eight weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. Written consent to blood collection, requests for appraisal and response to requests for appraisal;

1. A medical certificate;

1. Previouss before ruling: A reply to inquiries, such as criminal history, and the application of the law of investigation report (Attachment to previous rulings attached thereto).