(영문) 대구지방법원 2017.10.18 2017고정1687

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(영문) 대구지방법원 2017.10.18 2017고정1687

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On July 22, 2017, the Defendant: (a) driven a vehicle under the influence of alcohol of 0.195% in the blood alcohol level from the 1km section from the Do in front of the middle-gu Southern-gu Seoul metropolitan restaurant to the front side of the Daegu-gu Southern-gu B, Daegu-gu. On July 22, 2017, the Defendant driven a vehicle under the influence of alcohol of 0.195%.

2. The Defendant is a person who is engaged in driving a vehicle with C investment risk, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 2, 2017, around 12:59, the Defendant, as described in paragraph 1, was inaccurate, in a drunken state, and faceed with red and snow, was driving the said vehicle to the same side of the merchant between Daegu Southern-gu and the east-gu.

At the time, the Defendant was behind the victim D (n, 48 years old) driven by the QM5 car in the same direction, and thus, the Defendant had a duty of care to maintain a safety distance for those engaged in driving service, to watch the front and the right and the right, and to accurately manipulate the steering direction and the brakes so as to prevent accidents in advance.

However, the Defendant was under the influence of alcohol, and the lower part of the said QM5 car, which was in the front line, was driven by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis and written estimate;

1. Reporting on the occurrence of a traffic accident, reporting on the circumstances of a driver driving, notification of the results of regulating the driving of drinking, and application of Acts and subordinate statutes to the actual condition survey;

1. Relevant Articles of the Act and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts, and specific crimes committed during the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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