beta
(영문) 수원지방법원 2018.02.08 2017고단6334

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On July 31, 2017, the Defendant, while under the influence of alcohol 0.109% in blood at around 23:20 on July 31, 2017, driven a self-durged vehicle with the influence of alcohol 0.109%, and proceeded at the speed of 749 as enzym in the direction of the parallel in the parallel direction, with two lanes in the direction of the parallel in the parallel direction.

Since there is a place where the center line of yellow solid lines is installed, the Defendant engaged in driving service had a duty of care to safely drive the tea in a safe manner by accurately manipulating the steering gear and the steering gear by keeping the steering and steering gear well.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was able to drive the victim C(54 tax) driving in two lanes adjacent to the other hand by neglecting the center line and neglecting it, and received the front part of the DMF7 car driving by the Defendant’s driver as the front part of the DMF7 car in front of the right part.

As a result, the Defendant driven a hurfed vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (V, 40 years old) by driving the hurfed vehicle in need of approximately two weeks of medical treatment, and suffered injury to the victim E (V, 40 years old) who was on a hurf vehicle in need of approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

1. Statement report on the circumstances of the driver at the main place of business and circumstantial report;

1. Traffic accident report (1) - The actual survey report, on-site map and photograph;

1. Fluoric fluoric images of fluoric vehicles;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).