(영문) 수원지방법원 여주지원 2017.03.22 2016고단1541

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2017.03.22 2016고단1541

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 car in C SP area.

On October 20, 2016, the Defendant, while under the influence of alcohol level of 0.264% among blood alcohol level around 21:10, entered the national highway No. 6 in the Gyeonggi-gu Yangyang-gun, Yangyang-si. In this case, the Defendant selected the entry lane erroneously and continued to drive the said road along the parallel, without recognizing the fact of reverse driving, continued to drive the said two-lane road in the direction of Hongcheon-gun in the direction of Seoul.

At the time, there was a centralized separation, and the defendant had a duty of care to leave the road safely with the help of towing vehicles by setting the vehicle on the side. In such a case, the driver of the motor vehicle had a duty of care to leave the road safely with the help of towing vehicles.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the victim E(71) who was driving in a normal manner at a one-lane from the negligence of driving in the station according to the same one-lane as it is, and was driven by the victim E(71) in the front part of the FN-si car.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of alcohol, and suffered from the injury of the victim, such as dump, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Statement of the circumstances of driving at home;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 148-2 of the Road Traffic Act (the act of causing bodily harm to the driving of danger) are applicable to the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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