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(영문) 의정부지방법원 2020.04.13 2019고단5040
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on January 2, 2007 and the same year.

3.6. The summary order became final and conclusive, and on October 9, 2009, a fine of 600,000 won was sentenced to the same crime in the same court and the judgment became final and conclusive on the 17th of the same month.

1. The Defendant is a person engaged in driving a benz car under the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 18, 2019, the Defendant driven the said car at a 0.150% alcohol level, while under the influence of alcohol around 23:10 on October 18, 2019, and proceeded with the road front of the car inspection station located within a separate area at the southyang-si.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to report the traffic situation well and to prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, the defendant neglected to do so due to the influence of drinking, and neglected to do so and is proceeding with the signal by neglecting the front-time situation.

The part of the victim C(64 years old) driving, following the D taxi, which was sent to the left-hand turn at the corresponding part of the said car, was received as the front part of the said car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim E (the victim E (the 34 years old), who is the passenger on the said taxi, for about 2 weeks of medical treatment.

2. The Defendant is under the influence of alcohol at around 22:50 on October 18, 2019, and the Defendant is under the influence of alcohol at around 0.150% on the blood.

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