beta
(영문) 대전지방법원 천안지원 2018.06.01 2017고단2705

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On September 6, 2017, while under the influence of alcohol 0.132% in blood, the Defendant driven the above vehicle while driving it in the influence of alcohol 0.132%, and driving the exclusive road front of the vehicle C in the direction of a bend direction in the direction of a bend direction in Chungcheongnam-si, Chungcheongnamnam-si, and proceeded at a speed of about 160km per hour according to the direction of entry into the intersection of the new month.

At least two-lanes, the width of the intersection is larger than that of the road that the Defendant runs, so in such a case, the person engaged in driving service has the duty of care to safely drive the vehicle by checking whether there is a vehicle that first enters the intersection by reducing speed, and if there is another vehicle that intends to drive the intersection from the intersection to the intersection, such as yielding the course.

Nevertheless, the Defendant neglected to do so and neglected to reduce the speed under the influence of alcohol, or failed to properly conduct the front side and the left side side side, and thereby, took the front part of the victim D(33) driving on the left side of the motor vehicle into the front part of the motor vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dynasium, tension, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the photographic 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. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.