beta
(영문) 의정부지방법원 고양지원 2019.08.22 2019고단1781

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving freight B and III;

On February 27, 2019, at around 20:45, the Defendant driven the above cargo while under the influence of 0.115% of blood alcohol concentration, and led the Defendant to turn to the left from the c apartment protection area of the wind forest luminous intersection, which is located in the high-speed 109 high-speed-ro, Mangsan-dong, Mangsan-gu.

In such cases, there was a duty of care to prevent accidents by complying with signals under the state of non-toxicated condition to those engaged in driving service.

Nevertheless, due to the negligence of the left-hand turn while the Defendant was under the influence of alcohol, the Defendant was driven by the victim D (the age of 56) who was in a direct position according to the straight-on signal from the opposite side of the bend part of the front-hand part of the EK5-si, which was driven by the victim D (the age of 56).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol, and caused the injury of the said victim D, such as catum dume, which requires a two-day medical treatment. At the same time, the Defendant suffered from the injury of the victim FF (the 47 years old) of the said K5-si on the 5th left side of the watershe requires a five-day medical treatment. At the same time, the Defendant sustained the injury of the victim G of the said K5-si (the 43 years old), such as the fatum dume of the 1 balance of the left side of the said K5-si, which requires a five-day medical treatment.

2. On June 12, 2009, the Defendant received a summary order of KRW 700,000 from the Seoul Western District Court to a fine of KRW 700,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million as a fine for the same crime from the Jinyang Branch District Court on July 30, 2010, respectively.

The defendant is about 1 km from the roads in front of the Yongsan-gu Seoul Metropolitan City C apartment at the time of the temporary landscape specified in paragraph (1) to the place of accident specified in paragraph (1).