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(영문) 수원지방법원 성남지원 2018.10.25 2018고단761
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On December 30, 2017, the Defendant: (a) driven G benz car under the influence of alcohol content 0.081% in blood while under the influence of alcohol content 0.081% from the road front of the F main point in G in Seongbuk-gu, Sungnam-si, Sungnam-si to the lower limit of the rocks in the same Dong.

B. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the said vehicle in a state where normal driving is difficult due to the influence of alcohol as above at the time indicated in paragraph (a) of Article 1, and led the Defendant to drive the said vehicle along a one-lane in the direction of the frith degree in the direction of the frith's village from the direction of the frith.

In this case, there was a duty of care to prevent a person engaged in driving of a motor vehicle from driving a motor vehicle under the influence of alcohol or drugs.

Nevertheless, under the influence of alcohol, the Defendant proceeded as it is while driving on as it was, and the right side of the lower-down car was shocked by the first step, and then the said car was pushed down to the right side, and the right side was shocked by the second step.

As a result, the Defendant suffered from the victim B (the 47 years old) who was accompanied by the said car due to the above occupational negligence, with a scarcity wall in which the number of treatment days cannot be known.

(c)

In violation of the Road Traffic Act (unnecessary Measures after Accidents) the Defendant did not immediately stop and take necessary measures, even though he did so by shocking the wall surface of the lower-down car in the lower-down road above the end of the day set forth in paragraph (1) of Article 1, to the extent that the repair cost is equivalent to KRW 2,408,270.

2. Defendant B, on December 30, 2017, with knowledge that, around 03:00, the Defendant would drive the said car owned by the Defendant, even though he/she was under the influence of alcohol with the above A, H, and I on the road front of the above Fju on December 30, 2017.

The defendant who was seated on a defect, driver's seat, shall be moved to the chief lighting, and he shall sit on the chief lighting.

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