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(영문) 수원지방법원 2020.11.12 2020고단3938
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On June 4, 2020, the Defendant driven the above vehicle on June 22:38, 2020, and led to the intersection of fish string distance, which is located in 139, from the c-distance bank in the lake park, to the c-distance bank from the c-distance bank.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the person engaged in the driver's duty.

Nevertheless, the Defendant’s blood alcohol concentration of 0.172% is inaccurate, and the Defendant neglected to drive normally in a state where it is difficult to drive due to influence of drinking such as large distance, and did not her neglect to do so and did not her properly, and the Defendant’s 1st part behind the EK7 of the victim D(the age of 39) who stops in the signal atmosphere in the front bank due to negligence, which led to a shock of the part behind the Defendant’s driving.

After all, the Defendant suffered from the injury of the victim F (the 29 years of age) who was the same passenger of the victim D and the above K7 vehicles due to the above occupational negligence for about two weeks, such as a multi-scopic scopic scoptyction.

2. On June 4, 2020, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately KRW 1 k’s blood alcohol concentration of KRW 0.172% on the road near H located in Heung-gu G in Young-gu, Young-gu to the place indicated in the preceding port; (b) the Defendant driven a motor vehicle under the influence of alcohol with the alcohol level of KRW 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notification of the actual condition survey report, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the control of drinking driving;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing bodily injury resulting from dangerous driving) and the Road Traffic Act concerning the crime as provided in the corresponding Act.

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