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(영문) 수원지방법원 성남지원 2016.11.21 2016고단3072
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 12:03 on September 15, 2016, the Defendant driven a B rocketing car under the influence of alcohol content 0.347% from a section of approximately 600 meters to a 3rd class of the Do road located in the same Ri from the upstream of the Gyeonggi-si, Gwangju.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said rocketing car at the time and time set forth in paragraph 1, along with one-lane one-lane one-lane one-lane one-lane one way from the Do water 3 intersection as set forth in paragraph 1 at the Do waterside of the

At that time, since there was a serious traffic congestion at the time, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle while reducing the speed to those engaged in driving duties.

Nevertheless, the Defendant neglected this and operated without being negligent, while under the influence of alcohol with a blood alcohol concentration of 0.347% which is the degree of unabstining and walking, the Defendant received the following part of the vehicle behind the Defendant’s vehicle, which was driven by the victim C (the age of 27) who was parked in the front bank of the Defendant.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury to the victim C, such as salt, tensions, etc. in need of medical treatment for about two weeks, the victim E (the age of 62), the same victim F (the age of 59), and the same victim G (the age of 37) in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and H;

1. The actual survey report on traffic accidents;

1. Notification of the control of drinking driving, and a report on the state of dangerous driving;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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