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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2355
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. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle B-to-pured.

On August 21, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.289% during blood transfusion 20:55 on August 21, 2018, and led the Defendant to drive the above vehicle at a eromatic speed from the erogate of white sand to the erogate of the road in front of the C in the eromatic era.

At the time, it is a bend road where the center line of the yellow-ray is installed at night and there is a duty of care to accurately manipulate the steering gear and the system and safely drive the car.

Despite this, the Defendant neglected to drive the said vehicle in a state where normal operation is difficult due to influence of drinking, such as red, heavy snowing, and unable to walk properly, and caused the victim D(19 years old) driving, which is normally going on the opposite lane due to the fault of the center line, to the front part of the vehicle of the victim D(19 years old), which is faced with the front part of the vehicle of the Defendant, and suffered the victim, such as the dysle, tension, and the chrop of the part where the victim needs to receive approximately three-day medical treatment.

2. On August 21, 2018, the Defendant was under the influence of alcohol content of 0.289% in blood transfusion around 20:5 on August 21, 2018, the Defendant driving a vehicle from G cafeteria located in the G ZF in the etern City to the front road of the etern C at approximately 800 meters from the G cafeteria to the etern C.

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. Report on the occurrence of a traffic accident;

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 written appraisal of alcohol during blood;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to the driving of danger and the choice of imprisonment) and Article 5-1 of the same Act on criminal facts.

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