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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1618
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 13, 2018, the Defendant driven the above car at around 02:20 on June 13, 2018, and proceeded directly with the intersection of the sports ground that is located in the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, by the 0.207% alcohol concentration in the blood alcohol level from the offside to the offside of the tea.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the steering gear and operation of steering gear and brake system, etc.

Nevertheless, as such, the Defendant neglected to do so and caused the injury to the victim C (hereinafter, 26 years old) who was waiting in the front part of the said vehicle at a one-time speed in front of the said vehicle due to the negligence of driving the central line while it was difficult to drive the vehicle normally due to influence of alcohol, and was taking part of the front part of the DKabn-Vehicle vehicle driven by the victim C (hereinafter, the victim E (the victim, 47 years old) and F (the victim, 22 years old), who is the passenger of the damaged vehicle, to suffer from the injury, such as dynasium, tension, tension, etc. in need of two-time medical treatment.

2. On June 13, 2018, the Defendant: (a) driven a BM3 car under the influence of alcohol level of 0.207% in alcohol level from the front of the commercial area in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the Kancheon-gu, Seocheon-gu, Seocheon-gu, the GM3 car under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Investigative into the results of crackdown on driving (A);

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to accident scene and photographic data of vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act.

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