beta
(영문) 수원지방법원 안산지원 2021.01.15 2020고단4110

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

Reasons

Punishment of the crime

[Power of crime] On June 8, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon Frigwon.

[Criminal facts]

1. Although Defendant 1 had the history of being punished for driving under the influence of alcohol as above, Defendant 2 driven a motor vehicle under the influence of alcohol 0.188% in the section of approximately 2 km from the road adjacent to the building B in Ansan-si, Ansan-si, Seoul, to the road located in the same Gu C, around September 3, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant was under the influence of alcohol level of 0.188% at the time of the day set forth in paragraph 1 above at the time of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the Defendant was driving the said vehicle while under the influence of alcohol level of 0.18% during blood, and driving the said vehicle at an irregular speed of four lanes in the direction of the distance along which he was driving the said vehicle on the road located four-lanes in Ansan City, Anasan-si.

At the time, at night, weather flows, and the large traffic volume of vehicles was four-lane roads, so a driver shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and a driver has a duty of care to take care of the traffic situation at the front right right right right and right right and right and right and to prevent accidents in advance by driving the motor vehicle in a safe manner according to the new code.

Nevertheless, under the influence of alcohol, the defendant is able to drive the above vehicle in a state where the face is red and the body of which is difficult to drive normally due to a remote distance, etc., and while driving the four-lane of the above road, the right-hand side of the moving direction collisions with the right-hand side of the defendant's vehicle with the right-hand side of the vehicle, and then cross the victim F. ( South, 55 years old) who is proceeding in the same direction, the part of the right-hand part of the GM5 vehicle in the direction of the same direction is the defendant's vehicle.