beta
(영문) 전주지방법원 정읍지원 2018.11.13 2018고단320

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 29, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol level of 0.136% during blood transfusions on May 20, 2018, and was driving a Cunststy-ped freight vehicle with a view to 0.136% at the 0.136% of alcohol level in order to turn to the left at the exit of the front of the two-lane road in front of the shooting distance in front of the cheon-Annive underground roadway, which is located in the front Eup/Myeon of the Dong-Eup.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to safely operate the car line by accurately operating the steering gear and controlling the speed in advance.

Nevertheless, the Defendant neglected to make a left-hand turn while under the influence of alcohol so that it is difficult for the Defendant to drive the motor vehicle as above, and due to the negligence beyond the median line, the Defendant received the back part of the left-hand side of the Epote motor vehicle driven by the Defendant as the front-hand part of the freight of the Defendant, which was driven by the victim D (W, 52 years old) who was waiting for the signal at the opposite lane.

After all, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered a diversative typology which requires the victim's treatment for about two weeks.

2. On May 29, 2018, the Defendant violated the Road Traffic Act (drinking) driving a Cless-Pacific cargo vehicle at approximately 9km from the front of the Defendant’s residence located in F at Jeong-Eup, the level of alcohol concentration of which is 0.136% at around 0:10 on May 29, 2018, to the front of the road located in the same city-Eup/Myeon from the front of his/her residence to the road located in the same city-Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to victims D;

1. A traffic accident report;

1. An accident scene photograph;

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

1. Investigation report (report on the situation of the driver in charge); and

1. A copy of the ledger using drinks for drinking;

1. Acts and subordinate statutes, written diagnosis of risk driving report.