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(영문) 수원지방법원 2019.08.14 2019고단2349
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a radar car.

1. On March 14, 2019, the Defendant driven the rash vehicle under the influence of alcohol by 0.235% in the section of approximately 7 km alcohol concentration from the road near the “D” located in Young-gu, Suwon-si, Suwon-si, to the front road in the ethic City E in terms of harmony.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said racing car on the four-lane road in front of F in E at the time of the temporary border as described in paragraph 1, along with three-lanes from the intersection of Taean, while under the influence of alcohol.

At the time, there was an intersection where signal apparatus was installed at night, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering system and steering gear with the driver.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and due to the negligence that the Defendant was able to drive the victim H(53 years old) who was under the influence of signal at the front of the Defendant’s vehicle in the direction of the traffic signal line, and received the part behind the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, while driving the pertinent radar car in a situation where normal driving is difficult due to the influence of alcohol, suffered from the injury of salt, tension, etc. in need of treatment for about two weeks to the said victim H, as well as the injury of the victimJ (the age 23) who was on board the said rocketing taxi in need of treatment for about two weeks, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Investigation report, report on the situation of a drinking driver, report on the control results of drinking driving, and report on requests for appraisal;

1. The report on traffic accidents (the actual survey report);

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