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(영문) 수원지방법원 안양지원 2017.10.20 2017고단1367
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 the driving of B Poter II cargo vehicles.

On June 14, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.196% during blood transfusions on 08:20%, and continued to drive a three-lane road in front of the D gas station in the Militaryposi C at a gold level at the speed of about 60km from the longest distance of the bank in Korea at a speed of 1 lane.

At the same time, there was a heavy traffic volume of the vehicle and there was a parked vehicle in accordance with the signals on the front door, so there was a duty of care for the driver of the vehicle to drive the vehicle with a duty of care to see the front door and to reduce the speed by operating the brake system.

그럼에도 불구하고 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 이를 게을리 한 채 그대로 진행한 과실로, 전방에 정차하고 있던 피해자 E( 여, 40세) 이 운전하는 F 스파크 승용차의 뒷부분을 위 화물차의 앞부분으로 들이받았고, 그 충격으로 위 스파크 승용차가 튕겨 나가 전방에 정차 중이 던 피해자 G(46 세) 이 운전하는 H 카니발 승용차의 뒷부분을 위 스파크 승용차의 앞부분으로 들이받았다.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as salt panions requiring approximately two weeks of medical treatment, the injury to the victim G, the injury to the light panions, etc. requiring approximately two weeks of medical treatment, and the injury to the victim I (22 tax) who was on board the said car at around two weeks of medical treatment to the victim I (22 tax).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report (1) (2), an investigation report (report on the situation of the driver in charge), and a report on the detection of the driver in charge;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts and the Act on the Aggravated Punishment, etc. of Specific Crimes.

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