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(영문) 전주지방법원 정읍지원 2017.03.09 2016고단567
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act is a person engaged in driving a B K5 vehicle.

On September 23, 2016, the Defendant driven the said car without obtaining a driver's license, while under the influence of alcohol of 0.106% in blood at around 05:40 on September 23, 2016, and led the Defendant to drive the said car along the two-lanes at the point of 61km in the direction of Seoul for the Yellow-gun, Chungcheongnam-gun, Chungcheongnam-do.

At the time, since it is night and a two-way road, there was a duty of care to safely drive the driver while accurately operating the steering room and the right and the right and the right and the steering system.

Nevertheless, the Defendant was negligent in failing to perform his duty of care in the front direction while driving a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, and the Defendant was found to have immediately discovered the motor vehicle that was driven in the front direction and immediately entered the two lanes, thereby resulting in the victim C(62) driving the two lanes.

As a result, the Defendant driven in a state where normal driving is difficult due to the influence of drinking, thereby resulting in an injury to the victim, such as light salt, which requires approximately two weeks of medical treatment, and at the same time, damaged the repair cost of the above cargo to KRW 3,909,461.

2. The Defendant was driving a vehicle B K5 vehicle without obtaining a driver’s license in a state of alcohol concentration of about 65 km from the 65km section to the place indicated in paragraph (1) from the road of the “filient funeral hall” located in the upper speed of the road at the time of a day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs;

1. A written diagnosis and a written estimate;

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