beta
(영문) 전주지방법원 2017.11.21 2017고단1271

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 4 million on September 5, 2012 at the Jeonju District Court as a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2.5 million on February 9, 2010, and a fine of KRW 4 million on September 5, 2012, respectively.

1. The Defendant is a person who is engaged in driving a new rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 23, 2017, the Defendant driven the said vehicle on the side of the E, in a state where it is impossible to drive the vehicle normally due to the alcohol concentration of 0.188% under the influence of alcohol in the blood, around 15:40 on Apr. 23, 2017.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant’s occupational negligence found that the Plaintiff’s failure to perform such duty of care due to the influence of alcohol, thereby resulting in the Defendant’s failure to stop the Plaintiff’s GMW car according to the stop No. 1, which was late due to the Plaintiff’s failure to perform such duty of care, and caused the Defendant’s injury to the Plaintiff, such as a dived salt, which requires approximately two weeks of treatment due to the shock.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a new rocketing car under the influence of alcohol leveling 0.188% from any restaurant located in Samcheon-dong, Samcheon-gu, Samcheon-gu, Seoul Special Self-Governing Province to the place referred to in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of an inquiry letter, such as criminal history, investigation report (Attachment to the same type of judgment, etc.) and statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 subparag. 1 and Article 44 of the Road Traffic Act concerning criminal facts.