beta
(영문) 광주지방법원 순천지원 2017.05.31 2017고단4

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in the duty of driving a C theater truck at the beginning of the theater.

On October 9, 2016, the Defendant driven the said truck under the influence of alcohol level from 0.243% to 0.243% of alcohol level among the blood transfusions, and continued to drive the said truck at a non-speed speed from the right side of the road of two lanes in front of the present church, which is located on the 6-lane, Ansan-si, Ansan-si.

At the time, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the direction and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected it and neglected to change the course from a two-lane to a one-lane, was the victim D(33 ) who proceeded with a one-lane, and received the right-hand part of the motor vehicle of the E-Abburg, E, which is driven by the Defendant, into the front part of the left-hand part of the said motor vehicle.

Ultimately, the Defendant suffered from the injury of the victim F(33) and the victim G (V, 33 years old) by negligence in the course of performing the above duties, such as catum fat, which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. A written appraisal of alcohol during blood;

1. Each written diagnosis;

1. Application of any on-site photograph, accident video CD-related statute;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving of Danger) are related to victims D with the largest criminal situation.