beta
(영문) 의정부지방법원 고양지원 2020.06.05 2020고단762

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest

On January 15, 2020, the Defendant driven the said car under the influence of alcohol level of 0.187% on blood alcohol level at around 21:20, and led the Defendant to turn off the intersection of the Nice Alley distance located in the Sinsan-dong at the Goyang-si of the game from the direction of the Pungsan-gu to the breadth.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle is a person who gets on the front left and right, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the vehicle in a state where it is difficult to drive the vehicle normally due to influence of alcohol, such as a string distance, etc., and neglected to do so, due to negligence, disregarding that the vehicle progress signal is a stop signal, followed by the Defendant’s vehicle driving direction, and immediately discovered the victim C (W, 51 years old) who was standing the crosswalk from the left side of the vehicle in accordance with the Defendant’s vehicle driving direction, and took a sudden action to avoid this. However, the Defendant got the victim to go beyond the ground in the process of avoiding the collision with the said vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment.

2. Around 21:20 on January 15, 2020, the Defendant driven a B-hand car in the state of alcohol with a blood alcohol concentration of about 3 km from around 0.187% at the section of approximately 3 km from the Jung-dong-gu Busan Metropolitan City to the Hando-ro Intersection in the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. C Police Safety-Related Written Statements;

1. A medical certificate;