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(영문) 수원지방법원 성남지원 2020.05.12 2020고단129

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On November 16, 2019, at around 06:10, the Defendant driven the said car while under the influence of alcohol of 0.114%, and led the Defendant to drive the said car along one-lane of five-lane road in front of Sungnam-si C, Sungnam-si, the Sinnam-si, along a three-lane radius from the Sinung-si.

At the same time, it was difficult to keep the center around the road at night, and it was installed a separation cost of the line from the center at the center of the road, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the traffic situation in the direction of the driving and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant obtained the central separation zone in front of the left side of the said vehicle with the negligence of neglecting it and driving it as is, due to the shock, received the F. 3rd side of the said vehicle’s drive E(74 years old) driving on the left side of the said two-lane.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to a hot spring that does not have any open two shops for about three weeks in need of medical treatment.

2. The Defendant was under the influence of alcohol level of 0.14% at the time and time set forth in paragraph (1) of this Article, and driven B rocketing car at a 16 km section at the location below the Seoul Songpa-dong, Songpa-gu, Seoul to the point of accident set forth in paragraph (1).

Summary of Evidence

1. The Defendant’s legal statement E written traffic accident report, the scene photograph of the accident, the diagnosis certificate’s circumstantial statement, and the investigation report (the primary driver’s report and the investigation record 19 pages).