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대전지방법원 2017.01.13 2016고단3447
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 also engaged in driving a car.

On September 24, 2016, the Defendant: (a) around 05:11 on September 24, 2016, the Daejeon Dong-gu, Daejeon, also parked the said car on the fourth-lane road at the entrance of the bus notice, and was reported to the effect that it would interfere with traffic during the locking, the police officer called the Defendant started the door and the play vehicle.

In such a case, despite the duty of care to ensure that a person engaged in driving service has a duty of care to care well to drive a vehicle so that it does not interfere with other traffic, he/she was negligent in driving a vehicle while under the influence of alcohol 0.131% in a state of under the influence of alcohol while he/she is unable to make a normal judgment in the state of under the influence of alcohol during blood, and was negligent in driving a vehicle while he/she was negligent in driving the vehicle in the state of under the influence of alcohol 0.131%, and the victim D(56 years old) driving the vehicle normally changed from the 3-lane to the four-lane direction, and the above Ch was also received the back part of the said vehicle in the front of the vehicle

As above, Defendant 1 driven a vehicle while driving it is difficult to drive it normally due to influence of alcohol, and suffered injury on the right shoulder section, etc., which requires treatment for about two weeks, and Defendant 1 driven a vehicle while under the influence of alcohol content 0.131%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the report on detection of the primary driver;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated: Provided, That the lowest limit shall be the same.