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(영문) 수원지방법원 안산지원 2019.05.24 2019고단367
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving automobiles;

On October 23, 2018, the Defendant driven the above car at around 23:40 on October 23, 2018, and led to the intersection of the private distance in front of Pyeongtaek-si C to the boundary of the Pyeongtaek-si and the public sports ground.

At this point, the exclusive lane was installed in the right-way, and the intersection had another vehicle driving at the right-way. In such a case, the driver of the motor vehicle has the duty of care to use the exclusive lane prior to the right-way and stop the exclusive lane prior to the intersection so as not to obstruct the passage of other vehicles having entered the intersection and prevent the accident.

Nevertheless, the Defendant reached 0.152% of blood alcohol concentration, rhythm, a large size of the horses, and rhym, and caused injury to the Defendant, such as salvum dyp, which requires approximately two weeks of treatment of the Defendant’s car, by the negligence of entering the intersection in order to make a right-hand turn through a straight-line and left-hand lane, which is not an exclusive lane prior to the right-hand line, in order to make a right-hand turn through a straight-line and left-hand turn-hand lane, with the negligence of entering the intersection in order to make a right-hand turn through the right-hand line, not the exclusive lane prior to the right-hand line.

2. Around 23:40 on October 23, 2018, the Defendant: (a) driven a vehicle under the influence of alcohol by 0.152% in the section of about 50km from the front day of G to the front day of Pyeongtaek-si in Sin City; and (b) drive the vehicle under the influence of alcohol with a blood alcohol concentration of about 0.152%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and notification of the results of the control of drinking driving;

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