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(영문) 수원지방법원 안양지원 2019.07.12 2019고단523

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2012, the Defendant was issued a summary order of KRW 6 million for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on May 21, 2012. On July 31, 2015, the Seoul East District Court issued a summary order of KRW 3 million for the violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a BPala4 car;

On October 30, 2018, the defendant operated the above car on the front road of Gangnam-gu Seoul Metropolitan Government, Seoul, and proceeded from D to Samsung-section.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and in the latter case, he/she has a duty of care to care in the future and safely drive the motor vehicle in order to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and, while driving under the influence of 0.105% of alcohol content, conflict with the Defendant’s right-hand part after the Defendant’s driving of the FHD car, which is driven by the Victim E (Nam, 37 years old).

Ultimately, the Defendant, as seen above, drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and took approximately two weeks’ medical treatment for the victim G (V, 33 years old) who was on board the said victim’s motor vehicle, due to influence of alcohol, and suffered injury in need of approximately two weeks’ medical treatment due to climatic salt, tension, etc., and at the same time, said AD motor vehicle is worth KRW 549,670 for repair cost.