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(영문) 대전지방법원 천안지원 2020.03.23 2019고단2912
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven by the victim D (the age of 47) who was parked in the front of the same lane while driving in the same lane for passengers getting out of the same lane while driving the e-new-transport vehicle with a two-lane alcohol concentration of 0.122% and driving the 0.12% of the blood alcohol level, and driving the 3-lane road in front of the C apartment in the south-gu Seoul Special Metropolitan City along the three-lanes of the road.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim D, such as light drums, tensions, etc., which require a medical treatment for about two weeks, and suffered injury to the victim F (V, 14 years old), who is the seat of the said new-car vehicle, for about two weeks.

2. Around October 22:44, 2019, the Defendant driving a vehicle with two km in the section of approximately 2 km from the H in the south-gu Seoul Metropolitan City, Y to the front road of the Y in the dong-gu, Chungcheongnam-gu, Incheon Metropolitan City, Incheon Metropolitan City, for the purpose of drinking alcohol concentration of 0.122%.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements prepared in D;

1. Each written diagnosis;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

2. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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