beta
(영문) 수원지방법원 2019.05.01 2019고단83

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car in B.

On December 11, 2018, at around 23:50, the Defendant, under the influence of alcohol 0.121% of blood alcohol concentration, 0.121%, her walked, her walked, her walked, and her walked, and her walked at the speed of her speed in accordance with the direction of her south from the direction of her mountain, while she is difficult to drive normally due to the influence of drinking, such as emulging and face coloring.

Since there is a center line, a person engaged in driving service has a duty of care to thoroughly control the front-time and accurately manipulate the steering and steering devices so that he/she does not intrude into the opposite direction beyond the center line and prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went beyond the central line, and caused the driver’s 59 years old driving in the opposite direction to the right side of the Fpoter Cargo in the direction of the opposite direction to the front side of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as light salt, tension, etc. for about two weeks to the victim.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, driven a car at the horse b while under the influence of alcohol by 0.121% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and the accident site photograph;

1. Images and video materials of vehicles;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

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

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes for which punishment is chosen.