beta
(영문) 광주지방법원목포지원 2020.12.22 2020고단1284

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

On August 15, 2020, at around 11:46, the Defendant was under the influence of alcohol 0.207%, and the Defendant was under the influence of alcohol 0.207%.

At the same time, there were many vehicles passing through a private street intersection where traffic is not controlled, so in such a case, a person engaged in driving a vehicle has a duty of care to operate the steering gear by accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected this, and was unable to properly operate the steering and operation of the steering gear without viewing the instant rocketing car driven by the victim D (Nam, 65 years old) who was in a direct line with the Defendant, and was in the front part of the said rocketing car, and received the front part of the right side of the said rocketing car.

Ultimately, the Defendant, while driving a car in a situation where normal driving is difficult due to influence of drinking, suffered injury, such as the victim F (the 51 year old), the passenger F (the 51 year old), the victim G (the 90 years old), the victim H (the 7 years old), the victim I (the 82 years old), and the victim I (the 82 years old), respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a manner under the influence of alcohol 0.207% in blood alcohol concentration on the front of the L in the J at the time of a temporary border such as Paragraph 1, the Defendant driven the B-learning car under the influence of alcohol 0.207% in front of the L in the case of a temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident, a field map of the accident, a fact-finding survey report, a field photo of the accident site, a double-vehicle boom photographs, and a bracker photograph of a crime prevention CCTV.