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(영문) 수원지방법원 성남지원 2020.04.28 2020고단279

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 18,000,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. The defendant is a person who is engaged in driving a Bcellto driver car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 31, 2019, the Defendant driven the said car while under the influence of alcohol 0.229% of blood alcohol level around 08:41 on December 31, 2019, and driven the two-lane road in front of Sungnam-si C, Sungnam-si, along a one-lane from the side of D, to the shot distance.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding along a bus behind the bus at the front of the Defendant’s bus due to negligence, had the victim go beyond the floor by shocking the back part of the FCA 1110 V, which was driven by the victim E (the age of 44) who was speeded at the speed of the bus, with the front part 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, resulting in an injury to the victim, such as knee-free wife that requires approximately two weeks of medical treatment.

2. On July 18, 2018, the Defendant has received a summary order of a fine of three million won for a violation of the Road Traffic Act in the branch court of the Suwon District Court on July 18, 2018.

Nevertheless, at around 08:41 on December 31, 2019, the Defendant, while under the influence of alcohol at least 0.229% of blood alcohol concentration, was in violation of the prohibition of drinking driving by driving the above accelerator car at approximately 1.9 km away from the 1.9km-gu G on the roads near Seongbuk-gu, Sungnam-gu to the point of accident described in paragraph (1).

Summary of Evidence

1. The written statement prepared by the defendant in his/her legal statement E is a traffic accident investigation report, a diagnosis report, a black stuff image photograph (75 pages of investigation records);

1. The circumstantial statement of the employer shall be made; and