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(영문) 수원지방법원 2020.11.26 2020고단5481

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for a term of one year and four 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

[Criminal Power] On October 7, 2019, the Defendant was issued a summary order of KRW 9 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person who is engaged in driving a ice car.

1. On July 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said car under the influence of alcohol concentration of 0.221% on blood alcohol level around July 23, 2020, thereby driving the said car in front of C in the ethraculation from the ethical park to the ethraculation.

Since there is a long distance intersection where signal lights are installed, the driver has a duty of care to accurately operate the steering gear and brake system and to safely operate it by checking the right and the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving a motor vehicle in a state where normal operation is difficult, and thereby, received the victim D(the age of 33) driving E in the atmosphere of signal signal at the front direction of the Defendant’s proceeding.

As a result, the Defendant suffered injury to the victim, such as salvinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On July 16, 2020, the Defendant of the violation of the Road Traffic Act and the Road Traffic Act (unlicensed Driving) drive a ice car without obtaining a driver’s license from the F apartment parking lot to the road near the Haak-si located in the Haak-si in the eth of 18:30 on July 16, 2020. On July 23:00, 2020, the Defendant of the said ice car was under the influence of alcohol concentration of 0.221% while under the influence of alcohol level without obtaining a driver’s license from the eth of 6km section to the Haak-si located in the eth of Haak-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, accident merure, on-site map, and on-site photograph;

1. A report on the oral statement of the driver;