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(영문) 수원지방법원 안산지원 2020.07.22 2020고단1587

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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 freight II.

On March 27, 2020, at around 22:30, the Defendant driven the said car with a degree of 0.106% alcohol level, which is difficult to drive normally due to the influence of alcohol leveling to 0.106%, and led the Defendant to drive the said car along three-lanes of the road in front of the Yansan City City C market in the Han River basin with three-lanes of the Korean Telecommunication Distance from the Han River basin.

At all times, there was a three-distance intersection operated in accordance with the signals of signal apparatus, so in such a case, the driver of the vehicle has a duty of care to properly see the signal signal apparatus and to accurately operate the steering system and the brake system and to prevent the accident from occurring.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, was unable to properly check the color of the signal while driving the above vehicle, the Defendant received the part of the Defendant’s vehicle in front of the vehicle in front of the vehicle by the victim D (the 35 years old), who was driven by the signal signal in the front direction of the vehicle.

Ultimately, the Defendant driving a vehicle as above, thereby resulting in the victim’s injury, such as dump dump, which requires approximately three weeks of medical treatment.

2. Around 22:30 on March 27, 2020, the Defendant driven a B-II cargo vehicle at a section of about 500 meters from the front of the road in front of the Gu C market at Ansan-gu, Ansan-si, the blood alcohol concentration of which is 0.106%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement of the defendant on the defendant's legal statement D, traffic accident report, on-site photo investigation report (report on the circumstances of a drinking driver), and notification of the results of the crackdown on Drinking Driving;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes for which punishment is chosen.