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(영문) 수원지방법원 안양지원 2019.09.06 2019고단1317

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving a B new-ice motor vehicle under the influence of alcohol concentration of 0.181% on blood on May 12, 2019, and was driving directly on the road front of the Hoyangyang 1 Dong Administrative Welfare Center located in 339No. 56-gil, Mayang-dong, Mayang-dong, which was under the influence of alcohol concentration of 0.181%

In this case, there was a duty of care to prevent accidents in advance by properly sprinking the front side and the left side and the left side and accurately manipulating the steering and brake system for the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the brakes properly, thereby leaving the center of speed prevention softening, leaving the center on the right-hand, and shocking down the part front of the steering force of the E-owned F salary-3 truck, which was parked on the right-hand side, and continuously parked in G’s H Kachep car, and shocking down the part behind the driving force of the G-owned H car.

As a result, the Defendant driven the above motorcycle in a situation where normal driving is difficult due to influence of drinking, and the Defendant suffered approximately 2 weeks of treatment to the victim I (the age of 18) who is the passenger.

2. The Defendant violated the Road Traffic Act (driving) driven a new-ice motor bicycle under the influence of alcohol of 0.181% at the same time and at the same place as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. E statements;

1. A traffic accident report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the results of blood driving control;

1. A written appraisal of blood alcohol;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the former Road Traffic Act as to the option of punishment. < Amended by Act No. 1504, Dec. 24, 2018