beta
(영문) 수원지방법원 안양지원 2017.05.02 2017고단9

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On May 16, 2008, the Defendant issued a summary order of KRW 2,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00

Criminal facts

1. The Defendant is a person engaging in driving a car BD in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 16, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.149% during blood transfusions on November 16, 2016, and driven the two-lanes from six-lanes in front of the new engineer distance in front of the 627-lanes, in the direction of the stable distance, at the safe distance.

In this case, a person engaged in driving service has a duty of care to safely drive the steering system and brakes by accurately manipulating the steering system.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of drinking and was negligent in driving along the same lane at the front side of the same lane, and received as the front part of the Defendant’s vehicle the part of the victim C(31) driver’s back of the driver’s license in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On November 16, 2016, the Defendant: (a) driven a Category B car while under the influence of alcohol content of about 0.149% from the 2km section from the road front of the 130 wing-gu road to the front of the 627 new engineer distance, in the direction of the 130 wing-gu road during the Ansan-gu road; and (b) the Defendant driven a Category B car while under the influence of alcohol content of about 0.149% from the 2km road to the front of the 627 new engineer distance.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Inquiry into criminal history;