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(영문) 대전지방법원 천안지원 2019.05.01 2019고단213
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:40 on January 10, 2019, the Defendant driven CM5 vehicles under the influence of alcohol content of about 1.5 km from the front of the building B in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the lower limit of the two sites located in 17, as the pair-dong, Seoan-gu, Seoan-gu, Seoan-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving CM5 automobiles

At around 00:40 on January 10, 2019, the Defendant proceeded along the two-lanes between the two-lanes from D to the F in E, as the two-lanes of B-dong, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do.

At the time, the passage of other vehicles is frequent, and in such a case, there was a duty of care to prevent accidents by accurately operating the steering and steering gear, and safely driving the steering employee.

Nevertheless, the Defendant neglected this and did not discover the H motorcycles of the victim G driving who was in the atmosphere signaled at two-lanes in the same manner due to the influence of drinking, as stated in paragraph (1), while driving in a state where normal driving is difficult due to the influence of drinking, and did not discover it, and shocked the back part of the above motor vehicle with the front part of the above motor vehicle.

As a result, the Defendant suffered injury to the victim, such as the soften-day treatment of approximately 6 weeks of occupational negligence, such as the sofashing and closing of the L3 parts.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of survey and a report on the occurrence of traffic accidents;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the regulation of drinking driving, and investigation report (report on the status of a drinking driver);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of sound driving) regarding criminal facts, the former specific crime.

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