beta
(영문) 수원지방법원 안양지원 2021.02.04 2020고단2287

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B at the lower cost, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 18, 2020, the Defendant driven the said car on the front side of the Mangyeong-gu Office C at the time of Ansan-gu around 00:10 on September 18, 2020 through D University-gate.

At night, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking the front door and left door well, and accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of 0.123% alcohol content while driving in blood, and received the victim E (e.g., the age of 71) who was engaged in removal from the front line of the Defendant’s running direction as the front line of the passenger car operation of the Defendant.

Ultimately, the Defendant, as seen above, driven under a difficult driving due to influence of drinking, and suffered injury to the said victim, such as a hot spring, which does not have any wife in two open areas, requiring approximately two weeks medical treatment.

2. On September 18, 2020, the Defendant, while driving a vehicle under the influence of alcohol with approximately 2 km section 0.123% of alcohol concentration in blood, around September 18, 2020, from the roads adjacent to the Kuyang-dong in Ansan-si to the roads adjacent to the Manyang-si in Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A traffic accident occurrence report;

1. Statement of the circumstances of driving at drinking and notification of the result of regulating drinking driving;

1. Vehicles and on-site photographs;

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

1. Relevant provisions of the Act on the Punishment, etc. of Specific Crimes, Article 5-11 (1) (the point of causing harm to the driving of a risk) of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;