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(영문) 전주지방법원 2017.11.28 2017고단1767
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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. The Defendant is a person engaged in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 5, 2017, the Defendant, while under the influence of alcohol of 0.130% among the blood transfusions, proceeded at a speed of about 60 km from the side of the hospital in the 21st century to the north Limit Hospital at a speed of about 20 km in front of the children's hall, which is located in 258-19, the front direction of the Jeon-gu Seo-gu Seoul Metropolitan City Gyeong-gu.

At the time, the vehicle was stopped at night and at the front, so in such a case, there was a duty of care to safely drive the steering employee by accurately manipulating the steering gear and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the victim C (Woo, 46 years old) who was parked in the front of the Defendant’s vehicle while stopping for signal waiting at the front. The Defendant received the rear part of the Darb-pured vehicle which was driven in the front of the Defendant’s vehicle.

Ultimately, the Defendant driven the said SM5 vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a climatic salt, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said SM5 vehicle under the influence of alcohol concentration of about 0.130% in the section of about 4km from the front of the children's hall located in the Sonsan Fire Station located in Samcheon-gu, Samcheon-gu, Jeoncheon-gu, Seoul Special Metropolitan City to the front road of the children's hall located in approximately 258-19 in the previous city of the Jeoncheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. A traffic accident report;

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 (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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