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(영문) 수원지방법원 2019.05.09 2019고단315
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 K5-car.

On December 19, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.124% 0.124% around 23:50 on December 19, 2018, and led the two-lanes of the five-lane road in front of the building C in the ethic City to the D apartment from the front side of the building in the ethic zone.

A driver of a motor vehicle has a duty of care to prevent an accident by safely driving the motor vehicle by taking into account the preceding left while he/she does not drink.

Nevertheless, the defendant neglected to drive his vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and the victim E (hereinafter referred to as 48 years old) who was under a traffic signal stop at the front side of the vehicle of the defendant, shall shock the front part of the passenger vehicle of the defendant, and due to the shock, the above fsch Rexroth car is driving in front of the left side of the vehicle of the defendant, and the above f which was under a traffic signal stop at the front side of the vehicle of the defendant.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim E, such as salt, tensions, etc. in need of treatment for about two weeks, and the victim H (the 42 years old), victim I (the 13 years old), victim J (the 50 years old), and victim K (the 46 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (victim F telephone communications);

1. A report on the occurrence of a traffic accident and notification of the results of drinking driving control;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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