(영문) 대구지방법원 경주지원 2019.03.21 2018고단861

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자간(%)

(영문) 대구지방법원 경주지원 2019.03.21 2018고단861

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On September 1, 2018, at around 20:20, the Defendant driven the said car under the influence of alcohol with 0.162% of the blood alcohol concentration of 0.162%, and, at the time of racing, the Defendant driven the said car along the two-lanes between the two-lanes from the port of port, the 20-lanes in the dry tunnel near C.

In this case, there was a duty of care to prevent accidents due to the operation of the brake and steering system with a white solid line as a tunnel section. In such a case, a person engaged in driving duty is prohibited from changing the lane, and there was a duty of care to prevent accidents due to the operation of the brake and steering system.

Nevertheless, under the circumstances where it is difficult to drive normally because the Defendant was under the influence of alcohol, the Defendant was unable to accurately operate the steering wheel and brakes, such as the snow, the walked, and the low walking distance, etc., and it was difficult to drive normally. In order to avoid this, the Defendant discovered the E-cargo driven by the victim D (39 years old) who was going on the front side of the same lane as the Defendant, and changed the vehicle into one lane to avoid this, and then lost the center, and then changed the vehicle to a two-lane, the Defendant turned into the left side of the car driven by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle while under the influence of alcohol of about 0.162% from the 5km section to the place indicated in paragraph 1 from the front of the “G cafeteria” road located in the “G cafeteria” in the racing-si.

Summary of Evidence

1. The defendant's legal statement; 1.1.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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