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(영문) 수원지방법원 2020.06.11 2020고단1294

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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 engaged in driving B franchise-low automobiles;

On December 20, 2019, at around 21:25, the Defendant driven the said car under the influence of alcohol with 0.225% of blood alcohol level, and stopped the vehicle according to the vehicle stop signal while driving the vehicle in the direction of the telecom in the direction of the telecom, depending on the three-lane distance in front of Suwon City along the three-lane.

In this case, it is night, and there is a signal installed and operated intersection, so the person engaged in the duties of driving a motor vehicle has a duty of care to thoroughly see the embankment in an unbreath state and safely drive the motor vehicle according to the traffic signal.

Nevertheless, the Defendant neglected this and went through due to the negligence of the Defendant’s failure, even though the signal for the progress of the front-round vehicle is a stop signal, and the part behind the victim’s D-purd E-purd vehicle in front was shocked with the front-round part of the franchise vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as salt, tensions, and tensions, which require a stable and transitional observation for about two weeks.

2. Around 21:25 on December 20, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.225%. Around December 20, 2019, the Defendant driven B-low-income vehicle at a section of about 5 km to C in front of the road near the Hegwon-gu Hegdong Port, Suwon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on traffic accidents, the report on the circumstances of a drinking driver, the investigation report, the photographs of the scene of the accident, the written appraisal of blood alcohol, and the notification of the results of the control of drinking driving;

1. Relevant Articles of the Criminal Act and specific crimes for which punishment is chosen.