beta
(영문) 수원지방법원 안양지원 2019.05.10 2019고단30

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-ro car.

On June 24, 2018, at around 21:54, the Defendant driven the said car while under the influence of alcohol with 0.140% of alcohol concentration, and had three-lanes of the road in front of the Indukwon District, the Defendant driven the said car in the direction of an excessive direction from the folio distance.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal operation is difficult due to the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe manner by returning the traffic situation at the front right right right

Nevertheless, the Defendant neglected to do so while driving the said vehicle while under the influence of alcohol, and neglected to perform his duty at the front time while driving the said vehicle while driving the vehicle, thereby taking the D low-speed car driven by the victim C (Seoul and 45 years old) in front of the said vehicle back to the front ender of the said car at the front end of the said car at the front end, and the Defendant caused the injury to the victim E (the victim E (the 47 years old), who was on board the said vehicle with the victim, due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Visual data closures;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 8, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the suspended sentence was imposed two times by a fine due to drinking driving under Article 62(1) of the Criminal Act, the degree of the drinking behavior is serious, the attitude against the mistake is against it.