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(영문) 수원지방법원 여주지원 2020.05.27 2020고단419

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 1, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the leisure branch of Suwon District Court.

【Criminal Facts】

1. Around 18:40 on March 5, 2020, the Defendant driven a E-Poter truck under the influence of alcohol with a blood alcohol concentration of 0.163% at a section of approximately 2.5 km from the front side of the C in Innju City B to the Drri-si distance.

Accordingly, the defendant was driving under drinking not less than twice.

2. The defendant is a person who is engaged in the driver's service of freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On March 5, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.163% of alcohol level around 18:40 on March 5, 202, and turned the DNA distance intersection from F bank to G bank from F bank level.

The above road is a two-lane intersection where signal lights are installed, and in such a case, a person engaged in driving a motor vehicle shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and there was a duty of care to properly manipulate the steering direction and brake system and prevent accidents by properly manipulating the traffic situation of the front line.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not properly go through the front time while driving in the front of the vehicle of the Defendant, who was in the front of the victim H(28 years of age) driving in the front of the signal atmosphere at the front of the vehicle of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on traffic accident, a survey report on actual condition, and an accident site photograph;

1. Violation of the Road Traffic Act;