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(영문) 수원지방법원 여주지원 2021.02.02 2020고단1148
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

1. Around June 28, 2020, the Defendant was under the influence of alcohol content of 0.233% in blood, the Defendant driven D Cor or a car from the parking lot of Gyeonggi Pung-gun B B to C, a level of approximately 5.8 km from the parking lot of Gyeonggi Pung-gun to the front road.

2. The Defendant is a person engaging in driving a Dco or a car.

On June 28, 2020, the Defendant continued the front road of the Gyeonggi Pyeong-gun C, Gyeong-gu, Gyeonggi-do, to the Seoul Myeonk-gu.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and shall not dump the central line, and there was a duty of care to properly manipulate the steering direction and brake system and prevent accidents by properly manipulating the steering direction and brake system in the situation of traffic on the left and right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line while driving along the station, and was in front of the right side of the victim E (the 56-year old-old private taxi) driving in the direction opposite to the collision.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as sugars without any wound in two open areas where approximately two weeks of medical treatment is required, and injury to the victim G (V, 70 years of age) who was accompanied by the above damaged vehicle for about three weeks of medical treatment, such as other detailed signboards, signboards, etc. which require medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who takes charge of the traffic accident;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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