(영문) 대전지방법원 서산지원 2021.01.27 2020고단1095

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(영문) 대전지방법원 서산지원 2021.01.27 2020고단1095

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) and is engaged in driving automobiles at Cenz.

On May 23, 2020, the Defendant, while under the influence of alcohol 0.159% during blood transfusion around 21:48, the Defendant proceeded at a speed of about 150 km from the west bank to the west bank, along the two lanes between the two lanes.

At the time, at night, the restricted speed was 80km per hour, and at the front of the defendant, the passenger car with F knife driven by the victim B (the 34 years old) was in progress at the front of the defendant, and therefore there was a duty of care to prevent accidents in advance by complying with the restricted speed, by accurately manipulating the front and rear, and by accurately manipulating the brake and steering gear.

Nevertheless, while under the influence of alcohol, the Defendant neglected the front week and neglected the speed exceeding 70 km a speed of 70 km a hour, and received the following parts of the said car-free vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of treatment between two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a Cben sport vehicle at approximately 8km section up to the front road of the “E” located in the Seosan City Do Do Do Do Do Do Do, in the state of alcohol alcohol concentration of 0.159% in the city of the border at the time specified in paragraph (1).

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A damaged vehicle and a motor vehicle screen image CD;

1. Notification of the results of the crackdown on the driving of alcohol and the statement of the circumstances of the driver who takes the driving; and

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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