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(영문) 수원지방법원 안산지원 2020.05.28 2020고단917
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on November 27, 2015.

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a passenger car Benz E20;

On December 15, 2019, around 04:37, the Defendant changed the course to the three-lanes while driving along the three-lane road in front of the Dental Institute, which is located in Sinsi-si C, along the two-lanes in the direction of the king Underground Road from thewest to thewest.

In such a case, there was a duty of care to prevent accidents in advance by accurately operating the brake system and controlling speed by checking the front door well for those engaged in driving business.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol level 0.114%, and did not look at the front side of the blood alcohol level, and was negligent in proceeding as is, and thereby, driven by the victim E (the aged 24) who is waiting at the right side of the FK5 car driven by the Defendant at the front side of the Defendant’s running direction, and received the back part of the FK5 car driven by the Defendant at the right side part of the said Benz E20 car.

As a result, the Defendant driven the said Benz E220 car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim by driving the said car for about two weeks.

2. Although the Defendant violated the provision on the prohibition of drunk driving as seen earlier, the Defendant driven the B Benz E20 vehicle under the influence of alcohol content at approximately 0.114% from the 5km section of alcohol content from the 5km section to the front road of the D Driving Institute located in the Jeju Jeju Jeju Island at the time and around the time and around the 5km Section 1.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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