beta
(영문) 광주지방법원 순천지원 2017.11.16 2017고단1463

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 4, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led to a two-lane road in front of the women’s cultural center, which driven BSM5 automobiles and is located two-lanes per hour at the net hour, along the two-lane way in front of the women’s cultural center.

At all times, there is an intersection where signal lights are installed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in entering the intersection by failing to make a normal operation due to the negligence of allowing the Defendant to enter the intersection, received the front part of the victim C's driving Daco, which proceeds from normal signals from the shooting distance of the Ordinance, as part of the front part of the passenger car of the Defendant.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, resulting in the injury to the victim C, such as the upper part of the right strings which requires approximately 8 weeks of medical treatment, the injury of the left part and the strings of the inner walls, which require approximately 8 weeks of medical treatment to the victim E on the sports vehicle, the injury of the victim E on the strings of the strings that require approximately 6 weeks of medical treatment to the victim F who was driven by the defendant on the M5 vehicle, and the injury of the strings of the strings of the strings that require approximately 2 weeks of medical treatment to G and H, respectively.

2. The Defendant violated the Road Traffic Act (drinking) driven the said SM5 vehicle under the influence of alcohol concentration of approximately 0.139% at the section of about 2 km from the front of the drinking-gu liquor store located in the king-si at the time of the above day to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1) (2) ;

1. On-site photographs of an accident;