(영문) 대전지방법원 2019.10.10 2019노1007 | 리걸엔진

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(영문) 대전지방법원 2019.10.10 2019노1007

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) among the facts charged in the instant case, although the Defendant caused a traffic accident by negligence, it is not difficult to drive normally due to influence of drinking.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Around 00:20 on November 9, 2018, the Defendant, without a driver’s license, driven the said car with the blood alcohol concentration of 0.122%, and proceeded at a speed below the speed of the city, depending on the two-lane distance intersection in front of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, by the chilling of the two-lane from the bank of the central postal office.

At the time, it was a new wall and immediately after the brush, and in this case, it was an intersection where a red-off signal is installed, so the driver of the motor vehicle shall not drive the motor vehicle in a state where normal operation is difficult due to influence of drinking, the driver of the motor vehicle shall not drive the motor vehicle thoroughly. The driver of the motor vehicle has a duty of care to prevent the accident in advance by thoroughly emphasizing the front direction of the course, reducing the speed prior to the entry into the intersection, temporarily stop the traffic situation, and safely proceed

Nevertheless, due to the negligence of neglecting this due to the negligence of the Defendant’s failure in driving, the Defendant suffered injury, such as the chilled salt, tension, etc., which requires approximately two weeks of treatment of the Defendant’s driver’s vehicle due to the shock, by taking the part of the victim D (In this case, 51 years old)’s left-hand part of the front-hand part of the Defendant’s driver’s vehicle, which was straighted from the right-hand side of the Defendant’s running direction to the left-hand side of the yellow on-and-off signals.

(hereinafter “instant accident”). (b)

The lower court’s judgment shall be based on the circumstances indicated in its judgment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-인천지방법원 부천지원 2019.07.19 2019고단1390

-전주지방법원 2016.10.25 2016고단1169

-인천지방법원 2014.04.23 2013노3846