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(영문) 대구지방법원 포항지원 2018.05.17 2018고단403
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 who is engaged in driving a non-designated car B.

1. On March 13, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the said vehicle while under the influence of alcohol level of 0.234% in blood transfusion on March 13, 2018, and led the three-lane road in the south-gu Seoul at the port of port along the speed of about 20km in the speed of Si/Gun/Gu depending on two-lanes from the Cheong-dong bank to the Cheong-dong apartment bank.

In this case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in the vicinity to prevent accidents in advance by safely driving the motor vehicle so that he/she does not receive any accident, such as accurately operating the steering gear and operating the steering gear.

Nevertheless, the Defendant, while neglecting it in the state of being drunk, found the car driven by the victim due to negligence while neglecting it at the front time, and operated the car rapidly, but the Defendant did not avoid it, but did not drive the car, and received the part of the victim's vehicle behind the car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, tension, etc., by driving the motor vehicle for about two weeks.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said Non-Stop car at the section of approximately 1.5 km from the Do ahead of the point of Maart Port in the south-gu air condition of 0.234% alcohol level among the blood transfusions at the time specified in the above paragraph 1 to the point of accident described in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, a statement on the circumstances of the driver at the State, and a report on whether to drive any danger.

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