beta
(영문) 수원지방법원안산지원 2020.08.21 2020고단1496

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15 million.

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

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 B K3 automobiles.

On March 28, 2020, at around 03:57, the Defendant driven the said car with a degree of 0.228% alcohol concentration, which is difficult to drive normally due to the influence of alcohol, and led the Defendant to drive the said car along one-lane of the two-lane roads in front of the common-gu C apartment in Ansan-si, Ansan-si, Anasan Terminal at the surface of the D elementary school, along one-lane.

Since there was a two-lane road, if you want to change a lane on such road, there was a duty of care to give prior notice of a change of course to the driver of the motor vehicle, and to accurately manipulate the steering gear and the brake system in order to ensure that the driver of the motor vehicle is well aware of the traffic situation of the front and rear left, and to change the lane.

Nevertheless, the Defendant, while under the influence of alcohol, driven a motor vehicle while it is difficult for the Defendant to drive the motor vehicle normally and without properly examining the traffic conditions of the front and rear left-hand and changed from one lane to two lanes at the time, caused the victim E (the age of 27) who was driven by the two lanes at the time, to drive the motor vehicle into the front part of the left-hand part of the motor vehicle of the FMW 320D driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, suffered injury to the above victim E, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and injury to the victim G (28 years of age) who was on board the damaged vehicle, including salt, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driven B K3 cars at a section of about 1 km from the 1km to the front road of Ansan-si, Ansan-si, an Ansan-si H public parking lot with a maximum of 0.228% alcohol level at the same time as the preceding paragraph, while under the influence of alcohol level at 0.28%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. G. G.