beta
(영문) 수원지방법원 2021.02.15 2020고단8470

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On April 8, 2015, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (e.g., refusal of alcohol measurement) from the Suwon Friwon.

[Criminal facts] The Defendant is a person who is engaged in driving a car B hosting.

On November 10, 2020, the Defendant driven the above vehicle under the influence of alcohol content of 0.220% among blood transfusions on November 10, 2020, and led the Defendant to drive the above vehicle under the influence of alcohol content of 0.220% at a speed that is impossible to identify two laness depending on the two-lanes among the four-lanes around the bank shooting distance.

At all times, there was a vehicle under a stop for signal waiting in the front door, so in such a case, there was a duty of care to operate the person engaged in driving service by properly manipulating the brakes, steering gear, etc. while living well on the front door and left door.

Nevertheless, the Defendant, by negligence, neglected this while under the influence of alcohol, took the back part of the part of the victim E ( South, 69 years old) who was under the influence of stopping at the front of the car, and took the part of the victim G ( South, 38 years old) who was on the front part of the car in the string and was on the string, caused the victim G ( South, 38 years old) who was on the string and the string of the 2 week medical treatment.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice, and caused the injury to the victims by driving a motor vehicle in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis;

1. Report on a traffic accident, report on the circumstances of the driver in charge of driving, investigation report (report on the circumstances of the driver in charge of driving), and notification of the results of regulating the driving of drinking;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and the Gu as to the crime under the corresponding provision of the Act.