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(영문) 수원지방법원 안산지원 2018.09.13 2018고단2174
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with soflurd B, in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 28, 2018, the Defendant driven the said car under the influence of alcohol content of 0.227% during blood transfusion at around 23:40 on May 28, 2018, and led the 64-road digitally at the e-mail of light to C hospital room at the e-mail.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to drive safely on the center right side of the road without breaking the center line by accurately operating the steering gear and brake system.

Nevertheless, the Defendant was negligent in neglecting the above duty of care due to the influence of drinking, and went beyond the center line at the intersection of the railway mountain intersection in which it was difficult for the Defendant to drive a car in a normal condition, and was faced with the front part of the victim’s Da-5 taxi driving, which was in progress under normal signals in accordance with normal signals, with the front part of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the right-side chill, which requires approximately two weeks of treatment due to the above occupational negligence.

2. On the day specified in the above paragraph 1, Defendant 1 driven a motor vehicle with alcohol content of approximately 1 km from approximately 0.227% while under the influence of alcohol with alcohol content of at least 0.227% from the 1km section before the digital short-term road located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the additional digital short-term road located in the front of the 468-4 additional city in Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of each traffic accident, report on the circumstances of a driver driving, and report on the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.

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