beta
(영문) 의정부지방법원 고양지원 2018.01.11 2017고단3375

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bbea cruise car.

1. On September 4, 2017, the Defendant was under the influence of alcohol level of 0.191% in blood at around 23:00, the Defendant driven the said car at the section of about 2.5 km from the Defendant’s temporary lodging front of the Defendant in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si to the farming way where it is impossible to know the Defendant’s temporary lodging place in the high-si, Seoyang-gu, Seoyang-gu, Seoyang-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driven by driving the said vehicle at the time of the same day and at the same time under the influence of alcohol, while normal driving is difficult due to the same day as above, and was driving the said vehicle at the speed of the funch, Seo-gu, Busan Metropolitan City.

Since it was very difficult at the time, a person engaged in driving service of a motor vehicle has a duty of care to thoroughly and safely drive the motor vehicle on the front side.

Nevertheless, the Defendant neglected this and failed to discover the victim E (45) who is a pedestrian while driving in a drunken state while drinking, and failed to do so, and caused the above victim to go beyond the front line of the Defendant’s car by negligence.

After all, the Defendant, while driving under the influence of alcohol that is difficult to drive normally and due to the foregoing occupational negligence, suffered injury, such as the removal of the wall, after the left-hand gate requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. The application of Acts and subordinate statutes to traffic accident reports (on-site investigation reports), investigation reports (on-site 17), the circumstantial statements of drivers at home, and inquiries about the results of crackdown on drinking driving (the above dmark official application);

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