beta
(영문) 수원지방법원 안산지원 2018.07.04 2018고단1175

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 8, 2018, the Defendant violated the Road Traffic Act (drinking driving) driving a d bargaining car under the influence of alcohol leveling 0.154% at the section of approximately 1.5 meters from the 1.5m of alcohol level to the front road of the 23:00 East-dong Administrative Welfare Center, which was a member of Ansan-si, Ansan-si, Seoul-si, Seoul-si, to the 55m-dong administrative welfare center in front of the same day.

2. The Defendant is a person who is engaged in driving a motor vehicle with Dlearning cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

A. On March 8, 2018, the Defendant: (a) driven the said vehicle at a speed that is difficult to drive normally due to the influence of alcohol that reaches 0.154% of alcohol during blood transfusion on March 22:40, 2018; and (b) driven the said vehicle at a speed that is difficult to identify the “H convenience store” front of the “H convenience store” located in Ansan-si G at the time of Ansan-si.

At the time, a signal, etc. is installed at night and at the front, so in such a case, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle and to prevent an accident in advance by looking well at the other vehicles' attitudes that are in progress at the signal, etc. and on the front side.

Nevertheless, the Defendant neglected this and failed to operate the brake system at the time due to influence of drinking, and thereby was driven by the victim E (53 ) who was waiting in the traffic at the passenger vehicle front of the Defendant’s car by the Defendant’s negligence, and was driven by the Defendant’s vehicle front of the car front of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim E and the victim F (30 years) of the passenger boarding the said taxi, such as salt of the light that requires two weeks medical treatment.

B. On March 8, 2018, the Defendant’s injury to the Victim J is a influence of alcohol that reaches 0.154% alcohol level among the blood transfusion around 23:00.