beta
(영문) 수원지방법원 안산지원 2020.06.17 2020고단505

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

[criminal power] On June 15, 2016, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in an Ansan District Court's Ansan Branch on June 15, 2016.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On November 14, 2019, at around 04:15, the Defendant was under the influence of alcohol to the degree of 0.15% of blood alcohol concentration, and the face was red, rhhhhhhhhhhhhhhhhhhhhhhh, and hhhhhhhhhhhhhhhhhhhhhhhhh, but the Defendant was driving the said car and driving the road 462 as at the center of the members of Ansan-si,

At this point, there was a duty of care to prevent accidents in advance by accurately manipulating the brake system to those engaged in driving vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the operation system properly and was negligent in driving the victim D(65 years old) E SP car, followed by the Defendant’s driver’s vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, caused the victim D and the victim FF (the age of 63) who boarded the motor vehicle to suffer injury, such as light d and the sprink for about two weeks of treatment, respectively, and caused the victim G (the age of 67) who boarded the above spke motor vehicle to suffer injury, such as the left bar d and the left dump for two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the automobiles described in paragraph (1) at the section of approximately two kilometers from the Do located in Ansan-ro 107 to the place described in paragraph (1) while under the influence of alcohol with the blood alcohol concentration of 0.15% at the time and time specified in paragraph (1).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

(i) the evidence;